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heory and Practice 
of the Confessional 



A GUIDE IN THE ADMINISTRATION 
OF THE SACRAMENT OF PENANCE 




By DR. CASPAR E. SCHIELER, Professor of 
Moral Theology at the Diocesan Seminary of Mayence 
Edited by REV. H. J. HEUSER, D.D., Professor 
of Theology at Overbrook Seminary o o o o o 
Introduction by the MOST REV. S. G. MESSMER, 
D.D., D.C.L., Archbishop of Milwaukee o o o 



ik 



NEW YORK, CINCINNATI, CHICAGO 
BENZIGER BROTHERS 

PRINTERS TO THE HOLY APOSTOLIC SEE 
1905 






,r 



LIBRARY of CONGRESS 
Two Copies Received 

NOV 20 1905 

Copyricht Entry 
CLASS <a_ XXc. No. 

/ 3 ^7 Sf 

COPY B. 



Niljil o6gtat> 

REMIGIUS LAFORT, 

Censor Librorum 

Imprimatur. 

1^ JOHN M. FARLEY, 

Archbishop of New York 

New York, Aug. 31, 1905 



Copyright, 1905, by Benziger Brothers. 



INTRODUCTION 

"There is nothing more excellent or more useful for the 
Church of God and the welfare of souls than the office of Con- 
fessor. By his sacred ministry the sinner is lightened of the 
burden of sin, freed from the yoke of Satan and concupiscence, 
and clothed again with the robe of innocence previously lost. 
Weak knees are confirmed (Is. xxxv. 3) ; that is, men weak and 
idle in mind receive new vigor, and lastly the just are aroused 
and enkindled to persevere in goodness and to reach with freshly 
spurred zeal for the crown of justice laid up for them (2 Tim. 
iv. 8). 

"How great and arduous is the office of Confessor appears 
clearly from the fact that by it he is made a judge in the place 
of Christ and that of his judgment he must some day render 
a strict account to the Supreme Judge. To him, therefore, 
apply the words with which the pious king of Israel charged the 
judges appointed by him, 'Take heed what you do: for you 
exercise not the judgment of man, but of the Lord God; and 
whatever you judge, it shall redound to you' (2 Paral. xix. 6). 
In this tribunal, however, the priest may not consider himself 
to be only a Judge to hear the culprit's confession, to correct 
him, and then, having imposed sentence, to send him away. He 
must also act the part of the Shepherd and, following the example 
of the Good Shepherd, must know his sheep, bring back to the 
fold those that strayed away and fell among thorns, and finally 
lead them unto wholesome pastures and the waters of eternal 
refreshment. He must be a Physician giving suitable remedies 
to the sick, and treating and healing with anxious and skillful 



VI INTRODUCTION 

hand the wounds of the soul. Lastly he must be a Father, and 
like the father in the Gospel cheerfully receive with the kiss 
of peace the prodigal son returning from exile, where he had 
been lost and consumed by hunger and filth; he must vest the 
son found again with the first robe, refresh him with the fatted 
calf and delicious dishes, and restore him to the former place and 
dignity of heir and son. 

" Therefore let the priest who goes to hear confession seriously 
ponder over these offices of judge, shepherd, physician, and 
father, and endeavor, as far as in him lies, to fulfill them in deed 
and work. Above all let him remember that he acts in the 
place of Christ and as an ambassador for God, as the Apostle 
often tells us" (Cone. Bait. PL II. nn. 278, 279, 280). 

The present volume is a practical commentary upon these 
weighty words of the Fathers of the Baltimore Council. The 
tremendous responsibility of the Catholic priest exercising the 
ministry of the Sacrament of Penance must appear in a truly 
dazzling light to the mind of every one who but glances over 
the following pages. Human intelligence can never fully 
grasp the true significance of this divine sacrament, which 
works at the same time forgiveness of sin and sanctification by 
grace; which is for poor fallen man at once the judgment of 
God's infinite hatred of sin and the manifestation of His infinite 
mercy for the repentant sinner; which brings humiliation and 
punishment while it fills the soul returning to God with un- 
speakable joy and comfort. Who can tell the number of souls 
troubled by sin and sinful temptations who have found peace 
and consolation, strength and holy courage in this sacrament? 
the number of souls kept not only for days, but for years in 
the bondage of evil passion and Satan who were, by the words 
of absolution, freed from that ignominious slavery and led 
again to enjoy the freedom of the children of God? the num- 
ber of souls snatched from the brink of perdition by the strong 
hand of God extended to them through His minister in the con- 



INTRODUCTION Vll 

fessional? the number of souls buried in spiritual death by 
grievous sin who were brought out from their tombs to super- 
natural life and the sunshine of heavenly grace by the power of 
sacramental confession? Only the book of life reveals them all. 
To be the minister of such a sacrament is, indeed, a glorious 
calling. Most excellent in itself and most useful for the Chris- 
tian people is the office of Confessor. But the Fathers of the 
Council tell us it is also a most arduous office. In very truth, 
the faithful administration of the Sacrament of Penance demands 
a great deal more of the personal cooperation of the minister 
with the recipient than any other sacrament. Not to mention 
the fact that in the other sacraments, marriage alone excepted, 
the acts of the recipient desirous to receive the sacrament 
have nothing directly to do with the substance and validity 
of the sacrament, while in confession these acts are not a mere 
condition, but form the materia ex qua the sacrament arises, 
there is not the slightest doubt whatever of the most serious 
and grave duty of the confessor to assist the penitent as far 
as possible towards a worthy and profitable confession. He 
is not only bound, as in all other sacraments, to insure the validity 
of the sacrament and to assure himself of the required disposi- 
tion of the recipient, but here more than elsewhere he must 
himself effect and bring forth, as well as he can, the worthy and 
right disposition of the penitent. Nor is this all. Confession 
is not merely to free the sinner from sin for a few passing mo- 
ments ; it must so strengthen his will and direct his heart that 
he will avoid the coming danger and resist the future tempta- 
tion. Herein lies the difficult and arduous task of the confessor. 
It is in the discharge of this duty that the priest needs all 
the love and charity, patience and meekness, of the spiritual 
father: all the prudence and close attention, the knowledge 
and experience of the spiritual physician ; all the understanding 
of the holy law and the firmness, impartiality, and discretion 
of the spiritual judge; the watchful care and patient search of 



Vlll INTRODUCTION 

the spiritual shepherd ; the holy knowledge and wisdom of the 
spiritual teacher; the fervid prayer, saintly life, and burning 
zeal for souls necessary to him who is to be the minister of 
Jesus Christ unto sinful man redeemed by His precious blood. 

Even this is not all. Confession is not only a means of 
cleansing the sinner from the stain of sin and vice, and of 
giving him strength and courage in the battle against tempta- 
tion ; but it is also to help the just and holy man to rise continu- 
ally higher on the ladder of Christian perfection. It is the 
sacrament for saint and sinner. The greatest saints of God in 
holy Church had the greatest reverence and desire for holy con- 
fession. St. Charles Borromeo went to confession every day. 
Hence the tender care of the flowers and fruits of Christian 
virtue in the heart of his penitent is another important duty of 
the father confessor. How is he to fulfill it in a manner profit- 
able to the penitent and to himself, unless he is well acquainted 
with the principles and facts of the spiritual life by a thorough 
study of Christian ascetics and the earnest practice of Christian 
perfection ? What a responsibility when a soul called by God to 
the higher walks of Christian life, and willing to follow the call, 
be it in the world or in the cloister, falls into the hands of an 
ignorant, neglectful, or heedless confessor ! But what glory to 
God, what happiness of soul, what merit for heaven, when by 
holy zeal and skillful effort the minister of God an holy confes- 
sion leads the Christian soul, panting after God as the hart 
panteth after the fountains of water (Ps. xlii. 2), into the sanctu- 
ary of God's love, grace, and mercy ! What a glorious ministry ! 

We can only hope and pray that Cathohc priests will care- 
fully read the beautiful and instructive lessons that Dr. Schieler's 
book offers, and ponder over them day and night. There is 
no greater blessing for Church and State, society and individual, 
than an army of priests who are confessors according to the 
spirit of Christ; for they are in a fuller sense than others '' good 
stewards of the manifold grace of God" (1 Petr. iv. 10). 

« S. G. MESSMER. 



EDITOR'S PREFACE 

An English translation of Dr. Schieler's exhaustive work on 
^'The Sacrament of Penance/' for the use of theological stu- 
dents and missionary priests, had been advised by some of our 
bishops and professors of theology. It was felt that, under 
present conditions, a work in the vernacular on a subject which 
involved to a very large extent the practical direction of souls 
was an actual necessity for many to whom the Latin texts deal- 
ing with the important questions of the Confessional w^re for 
one reason or another insufficient. 

There was one serious objection to the publication of a work 
in English, which, since it deals with most delicate subjects, 
might for this reason cause an unqualified or prejudiced reader 
to misunderstand or pervert its statements, so as to effect the 
very opposite of what is intended by the Church in her teaching 
of Moral and Pastoral Theology. Between the two dangers of 
a lack of sufficiently practical means to inform and direct the 
confessor and pastoral guide of souls in so difficult and broad a 
field as is presented by the missions in English-speaking coun- 
tries, and the fear that a manual from which the priest derives 
his helpful material of direction may fall into the hand of the 
ill-advised, for whom it was not intended, the latter seems the 
lesser evil, albeit it may leave its deeper impression upon cer- 
tain minds that see no difficulty in using the sources of informa- 
tion in which the Latin libraries abound. 

One proof of both the necessity and the superior advantage 
of having a vernacular expression of this branch of theological 
literature, for the use of students and priests in non-Latin coun- 
tries, is readily found in the fact that authorized scholarship and 
pastoral industry in Germany have long ago seen fit to supply this 
need for students in its theological faculties, and for priests on 
the mission, and that the benefit of such a course has shown 
itself far to overlap the accidental danger of an unprofessional 
use of the source of Moral Theology in the hands of a lay-reader, 



b PREFACE 

or one hostile to the CathoHc Church who might pervert its doc- 
trine and arouse the zeal of the prudish. 

The work was, therefore, not undertaken without serious 
weighing of the reasons for and against its expediency from the 
prudential as well as moral point of view. As a competent trans- 
lator of it, the name of the Rev. Richard F. Clarke, S.J., of the 
EngUsh Province, whose editions of Spirago's catechetical volumes 
had given him the advantage of special experience in kindred 
work, suggested itself to the pubhshers. Father Clarke actu- 
ally undertook the translation, and had fairly completed it when 
death overtook him. The manuscript was placed in my hands 
with a request to prepare it for publication. After much delay, 
due to a multiplicity of other professional duties, I found it pos- 
sible, with the cooperation of the Rev. Dr. Charles Bruehl, who 
kindly consented to undertake the principal work of revision, to 
complete the volume which is now placed at the disposal of our 
clergy. There is probably room for some criticism in parts 
wherein I have undertaken to alter the expressions of the author 
and of the original translator, with a view of accommodating 
the matter to the temperament of the English reader. In this 
I may have sinned at times both by excess and by deficiency; 
but these blemishes can, I trust, be eliminated in future editions 
of a work which, for the rest, contains so much of instructive 
material as to prove itself permanently useful to the theologian 
and pastor. 

In some cases I would not wish to be understood as sharing 
the author's views, nor should I have deemed an insistence upon 
the often-cited opinions of casuists quite so essential in a work of 
this kind as it seemed to the learned author. But in this I did 
not feel authorized to depart from his text, even if I had not fully 
appreciated the advantage of his ample references and quota- 
tions in matters of detail. His own experience as a professor of 
Moral Theology, and as confessor for many years, gives him cer- 
tain advantages entitled to recognition. 

With these restrictions borne in mind, it would be difficult to 
exaggerate the usefulness of a work such as this, which directs 
the priest in the sacramental ministry of Penance as indicated 
by the laws and practice of the Church. 

The aim of every pastor must in the first place be to rouse the 



PREFACE 7 

consciences of the individual members of his flock to motives of 
pure and right Hving. The Gospel of Christ furnishes the model 
of such living, and the Church is the practical operator under 
whose direction and authority the principles of the Gospel are 
actively carried into society, from the lowest to the highest 
strata. The sacramental discipline of the Confessional is the 
directest and most powerful instrument by which the maxims 
and precepts of the Gospel are made operative and fruitful 
in the individual conscience. A prominent non-Catholic writer 
of our day has characterized the Catholic Church as the Empire 
of the Confessional. So she is, and her empire is the strongest, 
the most penetrating, permanent, and effective rule for the good 
conduct of the individual and the peace and prosperity of the 
community that can be conceived. 

On the proper operation, therefore, of the Sacrament of Pen- 
ance depends in the first place all that we can look for of satis- 
faction and peace upon earth. But the administration of the 
Sacrament of Penance is solely in the hands of the priest or con- 
fessor. If he knows what to do, if he is wisely diligent in doing 
what the discipline of the Confessional instructs him to do, 
he will rule his people with order and ease, he will gain their 
gratitude and their love, he will reap all the fruits of a happy 
ministry, and his name will be in benediction among men of 
good will within and without the fold. 

The Confessional is a tribunal. It demands a certain knowl- 
edge of the law, exercise of discretion and prudence in the appli- 
cation of the law, and the wisdom of kindly counsel to greater 
perfection. As the lawyer, the judge, the physician, learn their 
rules of diagnosis and prescription in the first instance from 
books and then from practice, so the future confessor, for three 
or four years a student of theology, deems it his first and 
most important duty to study Moral Theology, and this with 
the single and almost exclusive purpose of making use of it 
in the Confessional. Moral Theology gives him the principles 
of law and right, the rules to apply them to concrete cases, 
and certain precedents by way of illustration, in order to render 
him famihar with actual and practical conditions. But the 
young priest learns much more during the first few months and 
years of his actual ministry by sitting in the Confessional and 



8 PREFACE 

dealing with the consciences of those who individually seek his 
direction. 

There is some danger that the practical aspect, with all the 
distracting circumstances of sin's work in the soul, may in time 
obscure the clear view of principles and make the confessor what 
the criminal judge is apt to become during long years of incum- 
bency, oversevere or overindulgent, as his temper dictates. He 
may thus lose that fine sense of discrimination, that balanced use 
of fatherly indulgence and needful correction, which the position 
of the representative of eternal justice and mercy demands. 

To obviate this result, which renders the Confessional a mere 
work of routine and absolution, instead of being, as it should be, 
a means of correction and reform, the priest, hke the judge, needs 
to read his books of law and to refurbish his knowledge of theory 
and practice and his sense of discernment. But the theological 
texts with which he was familiar under the Seminary disciphne, 
where nothing distracted him from the attentive use of them, 
are not now so readily at hand. Their Latin forms are a speech 
which, if not more strange and difficult than during his Seminary 
course, seems more distant and uninviting. The priest, even 
the young priest, would rather review his Moral Theology in 
the familiar language in which he is now to express his judgments 
to his penitents. 

This fact alone suggests the pertinent use of the book before 
us. There the confessor, the director of the conscience, finds all 
that he was taught in his Moral Theology. He finds much more ; 
for the author has made the subject a specialty of treatment 
which leads him to light up every phase of the confessor's task. 
He has himself studied all the great masters in the direction of 
souls from the Fathers of the Church down to the Scholastics of 
the thirteenth century; and more especially those that follow, 
who have entered into the theory and art of psychical anatomy 
— Guilelmus Paris, Cardinal Segusio, St. Thomas, St. Bona- 
venture, Gerson, St. Charles Borromeo, Toletus, De Ponte, 
St. Francis of Sales, Lugo, Lacroix, Concina, Cajetan, and 
Bergamo, St. Alphonsus, Renter, and finally those many doctors 
of the last century who have written upon the duties of the con- 
fessor in the light of modern necessities and special canon law. 

It is hardly necessary to explain to the priest who has passed 



PREFACE 9 

over the ground of the sacramental discipline as found in his 
theological text-books, how the subject is here presented in the 
detail of analysis and application to concrete conditions. Pen- 
ance is a Virtue and it is a Sacrament. To understand the full 
value of the latter we must examine its constituent elements, 
the matter, form, conditions, the dispositions and acts of the 
penitent, sorrow for sin, purpose of amendment, actual accusa- 
tion of faults in the tribunal — requisites which are dealt with 
by Professor Schieler in the traditional manner, but with clear- 
ness and attention to detail. 

Of special importance are the suggestions in the third chapter, 
touching the integrity of the Confession: the number, circima- 
stances certain and doubtful, of the sins, and the reasons which 
excuse the penitent from making a complete confession; hke- 
wise the treatment of invalid confessions, of general confessions, 
their purpose, necessity, or danger as the case may be ; satisfac- 
tion, its acceptance or commutation. 

The main object of the treatise Ues, however, as might be sup- 
posed, in the exposition of the confessor's powers and jurisdic- 
tion, and of the reservation and abuse of faculties. These 
matters are in the first place discussed from the theoretical stand- 
point. Then follows the application, which takes up the second 
principal part of the work. Here we have the confessor in the 
act of administering the Sacrament. He is told how he is to 
diagnose the sinner's condition by the proposal of questions and 
by ascertaining his motives — how far and to what end this 
probing is lawful and wise. Next the qualities of the confessor, 
his duties and responsibilities, are set forth in so far as they must 
lead him to benefit his penitent both in and out of the tribunal of 
penance. The obhgation of absolute secrecy or the sigillum is 
the subject of an extended chapter. 

From the general viewpoint which the confessor must take of 
his penitent's condition and the safeguards by which he is to pro- 
tect the penitent both as accused and accuser, our author leads 
us into the various aspects of the judge's duties toward penitents 
in particular conditions. Thus the sinner who is in the constant 
occasion of relapse into his former sin, the sinner who finds him- 
self too weak to resist temptation, the penitent who aims at 
extraordinary sanctity, the scrupulous, the convert, form sepa- 



10 PREFACE 

rate topics of detailed discussion. The last part of the volume 
deals with the subjects of confessions of children, of young men 
and young women, of those who are engaged to be married, of 
persons living in mixed marriage, of men, religious women, of 
priests, and of the sick and dying. 

Some of our readers may recall that we have protested against 
too implicit a reliance on an artificial code of weights and measures 
in the matter of sin ; and to them it may seem that in seconding 
the translation of such a work as this we go contrary to the prin- 
ciples advocated, because our author presents the same applica- 
tion of canon law and judicial decision which has been sanctioned 
by the great moralists and canonists of the schools. But let the 
reader remember that in the text-books of the Seminary, we have 
as a rule the principles and precepts presented in their skeleton 
form so as to leave the impression of fixed maxims, which cannot 
be altered, although they are in many cases only the coined con- 
victions of individual authors, to whose authority the student 
is taught to swear allegiance. In the present volume princi- 
ples and precepts are so discussed that they admit of an all-sided 
view, and as a result do not hinder that freedom of judgment 
which is so essential a requisite in a good judge and, therefore, 
in a confessor. For the rest we felt it, of course, to be our duty 
toward the author to preserve his train of thought and reasoning, 
and if anything is needed to make his exposition especially appli- 
cable to our missionary conditions of time and place, it will be 
easily supplied by any one who shall have read and studied the 

present work. 

H. J. Heuser. 



CONTENTS 
PART I 

PENANCE AS A VIRTUE AND AS A SACRAMENT 

PAGE 

1. The Virtue of Penance 17 

2. The Sacrament of Penance 20 

3. Necessity of the Sacrament of Penance 22 

4. Forgiveness of Venial Sin .29 

5. The Constituent Parts of the Sacrament of Penance in General . 37 

6. The Remote Matter of the Sacrament of Penance in Particular . 39 

7. The Form of the Sacrament 50 

8. Conditional Absolution 59 

PART II 

THE RECIPIENT OF THE SACRAMENT OF PENANCE, 
OR THE ACTS OF THE PENITENT 

9. Who can Keceive the Sacrament of Penance 70 

CHAPTER I 

Contrition 

10. Extent and Efficacy of Contrition 71 

11. The Essential Features of Perfect Contrition 76 

12. The Effects of Perfect Contrition and the Obligation of Pro- 

curing it 81 

13. Imperfect Contrition 88 

14. The [Necessary Qualities of Contrition 98 

15. The Relation of Contrition to the Sacrament . . . . .111 

CHAPTER II 

The Purpose of Amendment 

16. Necessity and Nature of the Purpose of Amendment . . . 121 

17. Properties of the Purpose of Amendment 126 

18. The Purpose of Amendment with regard to Venial Sin . . 138 

11 



12 CONTENTS 

CHAPTER III 

Confession 
Article I. Essence, Necessity, and Properties of Confession 

19. Essence and iN'ecessity of Confession 137 

20. Properties of Confession 138 

Article II. The Integrity of the Confession 

21. Necessity of the Integrity of Confession 153 

22. Extent of the Integrity of Confession 157 

23. The Number of Sins in Confession 163 

24. The Confession of the Circumstances of Sins 166 

25. The Confession of Doubtful Sins .180 

26. Sins omitted through Forgetfuhiess or Other Causes not Blame- 

worthy 193 

27. Reasons Excusing from Complete Accusation .... 198 

Article III. The Means to he employed in Order to make a Perfect 
Confession 

28. The Examination of Conscience 215 

29. Invalid Confessions 222 

30. General Confession 228 

31. The Manner of Hearing General Confession 238 

32. Plan for making a General Confession ...... 245 

CHAPTER IV 
Satisfaction 

33. The Imposition of Penance by the Confessor 256 

34.- The Acceptance and Performance of the Penance by the Penitent 271 

35. The Commutation of the Penance 274 

PART III 

THE MINISTER OF THE SACRAMENT 
Section I. TUe Powers of the Confessor 

36. Orders, Jurisdiction, Approbation 279 

CHAPTER I 
Jurisdiction 

37. The Minister of the Sacrament with Ordinary Jurisdiction . . 284 

38. The Minister of the Sacrament with Delegated Jurisdiction or 

Approbation 288 



CONTENTS 13 

PACK 

39. Jurisdictio Delegata Extraordinaria, or, the Supplying of Deficient 

Jurisdiction by the Church 300 

40. The Administration of the Sacrament of Penance to Members of 

Rehgious Orders 307 

41. Jurisdiction and Approbation for the Confessions of Nuns . . 311 

CHAPTER II 
Limitation of Jurisdiction or Reserved Cases 

42. Reseryed Cases in General 316 

43. The Papal Reserved Cases 326 

44. Absolution of Reserved Sins 340 

CHAPTER III 
Abuse of Power by the Minister of the Sacrament 

45. Inquiring after the Name of the Accomplice in Sin . . . 351 

46. The Absolution of the Complex in Peccato Turpi .... 354 

47. Sollicitatio Proprii Pcenitentis ad Turpia 364 



Section II. The Office of the Confessor 

CHAPTER I 

The Essential Duties of the Confessor in the Exercise 
OF HIS Office; or, The Confessor considered in his 
Office of Judge 



48. The Knowledge of the Sins 

49. The Nature of the Questions to be put to the Penitent 

50. The Examination of the Dispositions of the Penitent 

51. The Confessor's Duty in Disposing his Penitents . 

52. The Duty of the Confessor to administer, to defer, or to r 

Absolution 



. 379 

. 382 

. 398 

. 402 
efuse 

. 407 



CHAPTER II 
The Accessory Duties of the Confessor 
Article I. The Preparation 

53. The Virtues which the Confessor must Possess .... 416 

54. The Scientific Equipment of the Confessor 424 

55. The Prudence of the Confessor 434 



14 



CONTENTS 



Article II. Duties of the Confessor during Confession 

56. The Duty of instructing and exhorting the Penitent (Munus 

Doctoris) 438 

57. The Duty of suggesting Remedies against Relapse (the Confessor 

as Physician) 448 

CHAPTER III 
The Duties of the Confessor after the Confession 



58. The Duty of correcting Errors occurring in the Confess 

59. The Duty of preserving the Seal of Confession 

60. The Subject of the Seal of Confession 

61. The Object or Matter of the Seal of Confession 

62. Violations of the Seal 



460 
466 
471 
473 
476 



Section III. The Duties of the Confessor toward Different 
Classes of Penitents 

CHAPTER I 

The Treatment of Penitents in Different Spiritual 
Conditions 

Article I. The Occasionarii 

63. Sinful Occasions and the Duty of avoiding them .... 487 

64. The Duties of the Confessor toward Penitents who are in Occasione 

Proxima Voluntaria 493 

65. The Duties of the Confessor toward Penitents who are in Occasione 

Necessaria 496 

66. Some Commonly Occurring Occasions of Sin 501 



Article II. Habitual and Relapsing Sinners 

67. Definition and Treatment of Habitual Sinners 

68. Relapse, and the Treatment of Relapsing Sinners 

69. Relapsing Sinners requiring Special Care 

70. Penitents aiming at Perfection 

71. Hypocritical Penitents . . . ' 

72. Scrupulous Penitents .... 

73. Converts 



518 
521 
530 
536 
543 
545 
555 



CHAPTER n 

The Treatment of Penitents in Different External 
Circumstances 



74. The Confession of Children 

75. The Confession of Young Unmarried People 



561 
575 



CONTENTS lb 

PAGE 

76. The Confessor as Adviser in the Choice of a State of Life . . 583 

77. Betrothal and Marriage 592 

78. The Confessor's Attitude toward Mixed Marriages . . . 600 

79. How to deal with Penitents joined in "Civil" Marriage only . 607 

80. The Confessor's Conduct toward Women 608 

81. The Confessions of Men 614 

82. The Confession of Nuns . . 618 

83. The Confession of Priests 624 



CHAPTER m 
Penitents in Extreme Danger 

84. The Importance of the Priest's Ministry at the Bedside of the Sick 

and the Dying 630 

85. The Confessions of the Sick 632 

86. Absolution of the Dying 645 

Topical Index 655 



THEORY AND PEACTICE OF THE CONFESSIONAL 

Part I 

PENANCE AS A VIRTUE AND AS A SACRAMENT 
1. The Virtue of Penance. 

At all times penance has been the necessary means {necessi- 
tate medii ad salutem) of obtaining pardon for those who had 
committed mortal sin. ^^If we do not do penance, we shall fall 
into the hands of the Lord/' is the warning of the Old Testament 
(Ecclus. ii. 22). And when God sent His prophets, it was to 
arouse men to repentance by the announcement of His wrath, 
and threatening punishments. The forerunner of Our Lord 
solemnly exhorts the assembled crowds, ''Do penance; the king- 
dom of heaven is at hand." Our Lord Himself insists on the 
same point with awful determination, ''Unless you do penance 
you shall all Hkewise perish" (Luke xiii. 3). He proclaims as the 
task of His own public ministry and the great mission of His 
Church, "to call sinners to repentance" (Luke v. 32). Accord- 
ingly, the burden of the Apostles' preaching was, "Do penance" 
(Acts ii. 38), for "God hath also to the gentiles given repentance 
unto Hfe" (Acts xi. .18). 

Thus penance is indispensable to the sinner by divine ordi- 
nance, as the Council of Trent expressly teaches (Sess. xiv. c. 1). 
It is not less clearly dictated by natural law. "For reason 
prompts man to do penance for the sins which he has com- 
mitted; but divine command determines the manner according 
to which it is to be performed." ^ 

Taken in its widest sense, penance may be defined as a regret 
for some past action. Such a regret is not necessarily virtuous> 

1 S. Th. S. Theol. III. Q. 84, art. 7 ad 7. 
17 



18 PENANCE AS A VIRTUE AND AS A SACRAMENT 

for a morally indifferent or even a good action may be to us a 
source of displeasure and grief. But even in its restricted mean- 
ing, denoting grief, on account of some bad action, penance does 
not yet include the idea of virtue. Grief is caused by the per- 
ception of anything we look upon as an evil. Now sin maybe 
regarded as an evil in more than one way. Then only does our 
penance rise to the height of a virtue, if we feel sorry for our sins, 
not by reason of some temporal disadvantage we have incurred, 
but for God's sake, whose holy law we have transgressed and 
whose majesty we have outraged. In other words, the virtue 
of penance requires that we detest sin as an evil of a higher, 
supernatural order. 

Penance is not a virtue of its own and specifically distinct 
from other virtues. St. Thomas considers it as belonging to 
the virtue of justice, because by it we perform an act of justice 
toward God, since we restore to Him the honor of which sin 
has deprived Him, and make reparation for our wrongdoings.^ 
Apparently, it springs from the virtue of religion, as an effect 
thereof; for to detest one's sin as an injustice done to God im- 
pHes an acknowledgment of His sovereign goodness and majesty. 
This submission to God is an act of the virtue of religion.^ 
Furthermore, Lehmkuhl '* is right in attaching the act of penance 
to virtues of different species. For sin, being in many ways an 
evil and opposed to hohness and duty, may be deplored from 
different reasons; and so our penance belongs to that virtue 
which supphes the motive of sorrow. Thus, a sinner may loathe 
his impurity from a love of purity, his intemperance from a love 
of temperance, his pride from a love of humility; he may also 
abhor sins because they are repugnant to more general virtues, 
such as the love of God and gratitude toward God.^ 

2 S. Th. S. Theol. III. Q. 85, art. 3 ad 3. 

3 Cf. MUller, Theol. Mor. Lib. HI. Tit. TI. § 106. 

4 Theol. Mor. Tom. 11. § 1, De Poenit. «. 251; cf. Palmieri, Tract.de 
Pceiiit. (Rome, 1879), p. 18 et seq. 

^ While theologians are united in admitting a virtus generalis pcenitentice 



THE VIBTUE OF PENANCE 19 

The virtue of penance, thus being a complete destruction of 
all affection to sin, has an intimate bearing on the Sacrament 
of Penance. It is the disposition required on the part of the 
sinner, not only for the worthy, but also for the vahd reception 
of the Sacrament. It represents, so to speak, the matter of the 
Sacrament, so that without it the Sacrament is null and void. 
Consequently, it enters as a constituent part into the very 
essence of the Sacrament. 

The most important act of the virtue of penance is an act of 
the will and is called contrition. It is contrition that gives 
birth to penance, vivifies and animates it. Without contrition, 
there is no remission of sin ; for it alone leads to a sincere avowa/ 
of our guilt and a meritorious satisfaction. 

The second act of penance is the confession of sin: it is 
penance exercised by speech. Justice exacts that the guilty 
should acknowledge their wickedness, and also make amends for 
the sins committed by words. The third act of penance is sat- 
isfaction in expiation of our misdeeds. The bad deed is com- 
pensated by some good action, which we are not bound to do, 
but which we perform in order to supply for our past deficiencies. 
This is penance in deed. 

These three acts of penance are most intimately connected 
with the Sacrament, and this union imparts to them a special 
efficacy and strength; for the imperfect virtue, which of itself 
is unable to effect justification, by its elevation to sacra- 
mental dignity acquires the power of conferring sanctifying 
grace.^ 

having its own material and formal object, they fail to agree on the definition 
of the formal object. Cf. Suarez, Lugo, and more especially Palmieri, 1. c. 

^ Cf . S. Th. III. Q. 85 et seq. de pcenitentia secundum quod est virtus : 
Suarez, De Sacramento Poenitentise Disp. per 2 Sectiones, de poenitentia in corn- 
muni ; Lugo, De Sacramento Poenitentiae, P. I. pp. 1-44 (Romse, 1879) ; MUller, 
Theol. Mor. Lib. III. Sect. 106 ; Lehmkuhl, Theol. Mor. Tom. II. Tract. 
V. De Sacr. Poenit. Sect. 1 ; Aertnys, Theol. Mor. Lib. VL Tract. V. De Poenit. 
Pars I. 



20 PENANCE AS A VIRTUE AND AS A SACRAMENT 

2. The Sacrament of Penance. 

The arguments for the existence of the Sacrament of Penance 
do not form part of our task; they come within the scope of 
dogmatic theology. We shall only point out some theological 
propositions on which our subsequent dissertations are based. 

1. Jesus Christ gave to His apostles and their successors in 
the holy ministry the power of forgiving and retaining sins com- 
mitted after Baptism. 

2. This power is judicial and is exercised in the form of a 
judicial process. On this evident deduction from the words of 
the institution is based the entire Catholic teaching concern- 
ing the Sacrament of Penance. 

3. The exercise of this judicial power constitutes a Sacra- 
ment, the object of which is to reconcile the sinner to his 
God. 

4. The outward sign of the Sacrament is the exercise of the 
judicial functions; this comprises, on the one hand, the acts of 
the penitent, — contrition, confession, and satisfaction; and on 
the other, the priestly absolution, being the sentence dehvered 
by the representative of God. 

5. The grace conferred by the Sacrament is the remission of 
all sins, embracing the effacement of the guilt, the obliteration 
of the eternal punishment, and the condonation of, at least, a 
portion of the temporal punishment. This remission of sin is 
accompHshed by the infusion of sanctifying grace, which, more- 
over, constitutes a title to certain actual graces, helping the 
penitent to bring forth worthy fruits of penance, to overcome 
temptation, to avoid relapse, and to amend his Hfe. 

At the same time the infused virtues are restored and the 
merits of former good works lost by sin are regained. 

On zealous penitents, besides, special gifts are bestowed, such 
as peace of heart, cheerfulness of mind, and great spiritual con- 
solation. 



THE SACRAMENT OF PENANCE 21 

Though the Sacrament of Penance is administered after the 
fashion of a judicial trial, still its administration deviates in 
many points from the customs of forensic practice. The chief 
points of divergence are the following : — 

1. The aim which the secular judge has in view is to convict 
the criminal, and b}^ the infliction of a penalty, proportioned to 
the nature and the greatness of the crime, to restore the order 
of justice violated by the offense; the acquittal of the innocent 
is only a secondary consideration. The sacramental judge, on 
the contrary, reestabhshes the relations between God and man, 
destroyed by sin, not so much by imposing a punishment, as by 
effecting a reconciliation. His chief preoccupation is the indi- 
vidual welfare of the penitent ; the verdict, therefore, is a sentence 
of absolution and release from guilt ; however, the sinner must 
perform a certain penance, to be determined by the confessor. 

2. It follows from this that the final sentence in the tribunal of 
penance, by which the case is decided, is always one of acquittal. 
Any other sentence passed in the sacramental court is only inter- 
mediate, amounting to a temporary postponement of absolution. 

3. In the ordinary session of justice, besides the judge and 
the accused, we find a prosecutor, witnesses, and pleaders. In 
the sacramental court there are only the judge and the sinner, 
who is his own prosecutor, pleading guilty. The proceedings 
are shrouded in perfect secrecy. The bench cites the criminal 
against his will, and holds him by force; at the confessional, 
the sinner presents himself of his own free will. The spiritual 
judge must credit the account of the penitent, be it in his favor 
or disfavor, since he alone can bear witness to the state of his 
conscience. Only when there is moral certainty of the opposite, 
may the priest distrust the statements of the sinner. On the 
contrary, the ordinary judge has the right to reject any plea 
advanced by the criminal.^ 

' Cf. S. Th. Quodl. I. a. 12; S. Alph. Theol. Mor. Lib. VI. n. 600 s.; 
Lehmkuhl, 1. c. n. 255 ; Miiller, 1. c. Sect. 107, in fine. 



22 PENANCE AS A VIRTUE AND AS A SACRAMENT 

3. Necessity of the Sacrament of Penance. 

The Council of Trent declared in its fourteenth session, with 
regard to this point: ''The Sacrament of Penance is as neces- 
sary to those who have incurred mortal sin after baptism, as 
baptism itself is to those who are not yet regenerated."^ It 
follows from this teaching of the Council that, since Baptism is 
indispensable to eternal salvation, penance is equally necessary. 
To use the exact language of theologians, it is necessary in re 
vel saltern in voto. Which means that those who can actually 
receive the Sacrament are bound to have recourse to it in order 
to be freed from their sins ; but that those for whom the recep- 
tion of this Sacrament is for any reason impossible, will be 
cleansed from their sins by the desire of receiving it. This 
desire is always included in perfect contrition.^ 

For when Our Lord granted to His apostles the power of for- 
giving or retaining sins, and thereby instituted the Sacrament 
of Penance for the remission of grievous sin, committed after 
Baptism, He evidently asserted it to be His will that the sinner 
should be subjected to the power of the keys by the reception 
of this Sacrament, the latter thus becoming a necessary means 
of obtaining pardon for grievous sin committed after baptismal 
regeneration. The power of the keys vested in the apostles 
and their successors would be a useless gift if the faithful, with- 
out submitting to that power, could be released from their sins 
and gain the heavenly kingdom. The more so, as the priest 
possesses also the power of retaining sins; a power unfavora- 
ble to the sinner; but which the sinner could elude if the Sac- 
rament of Penance had not been made a necessary means of 
forgiveness. Nor would the sinner undergo the inconveniences 
connected with the reception of the Sacrament of Penance, if 

8 Trid. Sess. XIV. cp. 2. 

9 Cf. S. Th. Quodl. I. a. 12; S. Alph. Theol. Mor. Lib. VII. n. 600 s.; 
Lehinkuhl, 1. c. n. 255; Miiller, 1. c. Sect. 107, in fine. 



NECESSITY OF THE SACRAMENT OF PENANCE 23 

he were not persuaded of Christ's precept, imposing the Sacra- 
ment of Penance as a means of reconcihation. Venial sins, 
however, are forgiven without reference to the Sacrament of 
Penance, as we shall show in another place/^ 

Thus, by divine precept, all who have incurred mortal sin 
after Baptism are bound to receive this Sacrament. The obli- 
gation is absolute (per se) in danger of death ; for, in this case, 
the reception is necessary. Hence those are bound who are 
suffering of a dangerous disease ; a mother before her -first con- 
finement, or before any subsequent birth, if her travails are of 
an especially alarming nature; a criminal sentenced to death, 
before his execution ; and any one foreseeing the lack of another 
opportunity for his whole life of making a confession. 

There are other times in the course of our life when the obli- 
gation of confession becomes actual and pressing; the Church, 
acting according to the intentions of Christ, has specified these 
occasions more particularly. For the Sacrament was not insti- 
tuted merely to dispose man for his passage from this hfe, but 
also to heal his spiritual infirmities, to shield him against relapse 
into sin, and to strengthen him to lead a virtuous hfe. Conse- 
quently, we would frustrate the object of the Sacrament if we 
were to postpone its reception to the hour of death. 

Per accidens it is obligatory to receive this Sacrament : (1) for 
a person who desires or is bound to receive holy Communion, 
and who happens to be in a state of mortal sin; (2) when the 
Sacrament of Penance is the only means for overcoming a temp- 
tation or avoiding grievous sin; (3) when any one feels him- 
self incapable of making an act of perfect contrition, and yet is 
by kis duties required to be in a state of grace; for instance, 
if one has to administer a Sacrament, or simply because one 
realizes that it is wrong to remain in a state of enmity with 
God for any considerable period." 

10 See Sect. 4, p. 29. 

11 S. Alph. Lib. YI. nn. 662, 665; Gury-Ball. XL n. 466; Ballerini, Ant. 



24 PENANCE AS A VIRTUE AND AS A SACRAMENT 

The divine precept of approaching the Sacrament of Penance 
does not urge immediately that a mortal sin has been committed, 
for it is an affirmative command, and affirmative precepts do 
not press of their own accord, but only at certain times and 
under given circumstances. Besides, the Church's precept of an 
annual confession for all the faithful, who have fallen into mor- 
tal sin, proves sufficiently that divine law does not enforce con- 
fession immediately after committing mortal sin. 

The precept of the Church concerning the Sacrament of Pen- 
ance binds only those who have sinned mortally. For the 
Church's intention is merely to define more clearly the extent 
of the divine command; so the ecclesiastical precept does not 
exceed the limits of the divine precept, and Christ commanded 
only that mortal sin should be confessed. Hence one who has 
committed no mortal sin is not subject to the law of the Church 
prescribing yearly confession. In practice, however, the ques- 
tion has no import; for which of the faithful, guilty only of 
venial sin, would omit to go to confession at least once a year, 
or would think of receiving holy Communion without previously 
having confessed ? ^^ 

He who has committed a mortal sin, but, forgetting all about 
it, confesses only venial sins, and some days later remembers 
again the mortal sin, is, according to a probable opinion, no 
longer subject to the precept of yearly confession; for, since 

S. J. Opus Theol. Mor. Vol. V. ; Tract. X. Sect. V. De Sacram. Poen. cp. 
III. n. 1025 ss. ; Aertnys, Theol. Mor. Lib. VI. n. 229. 

^2 Such is the teaching of nearly all the moralists; cf. S. Alph. Lib. VI. 
n. 667; (jury, L u, 478; Scavini, De Sacram. Poenit. n. 35. St. Thomas 
(Suppl. Q. 6. a. 3) teaches that he who has only venial sins to confess, 
satisfies the precept of the Church if he presents himself to the priest and 
declares that his conscience is free from mortal sin ; this will be counted as 
a confession. This opinion of St. Thomas is, however, contradicted by a 
large number of eminent theologians, — St. Antoninus, Billuart, Laymann, 
Lugo, Suarez, etc., — who appeal to the Tridentine decree (Sess. 13. cp. 5), 
which says in respect to the Lateran decree that it is determ'malivum divini 
prcecepti. 



i 



NECESSITY OF THE SACRAMENT OF PENANCE 25 

the confession was valid, the mortal sin omitted by sheer for- 
getf ulness is forgiven ; and there only remains the obHgation of 
submitting the forgotten sin to the power of the keys in the 
next confession/^ 

For the same reason alleged above, the law of the Church 
extends only to those who have reached the age of discernment, 
and whose minds are sufficiently developed to render them capa- 
ble of sin. It is impossible " to fix any definite limit of age in 
tliis matter. Much depends on the child's personal gifts, its 
training and education. In each individual case the moral 
maturity of the child must be gauged by its general accomplish- 
ments and its ways of acting. During the ordinary course of 
rehgious instruction, the pastor will find ample material on 
which to base a decision; in case of doubt, the testimony of 
the parents and the teachers may be taken into account. ^^ Seven 
years is usually assigned as the age at which children of average 
ability and proper training have arrived at the period of discre- 
tion w^hich enables them to understand the malice of mortal sin. 

Hence it becomes a duty to instruct the children for confes- 
sion when they have reached about the seventh or eighth year, 
or, according to circumstances, even earlier. But even children 
of an inferior age, if they seem to have sufficient understanding, 
should not be allowed to die without absolution, though it be 
pronounced only conditionally. Of course, the priest will help 
them to ehcit the necessary acts of contrition and purpose of 
amendment. This should be done though it be doubtful that 
the child has committed a sin or if it has forgotten the sin com- 
mitted. 

It is not a good practice, therefore, to defer the instruction of 
children on this Sacrament to their ninth year or later; since it 

1^ Suarez and Laymann teach the opposite. Cf. Scavini, 1. c. n. 35, 
nota 1. 

1* Cf Decretum Lateran. Concilii IV. cp. 21. 
^^ See Sect. 74, Children's Confessions. 



26 PENANCE AS A VIRTUE AND AS A SACRAMENT 

does an injustice to the more intelligent children. Moreover, in 
the case of those children who are sick, this lack of early prepa- 
ration is apt to deprive them of both the Sacrament of Penance 
and Extreme Unction, which is a serious matter, if they have 
been capable of committing mortal sin/^ 

The precept of the Church imposes annual confession, saltern 
semel in anno. Beyond this, time and season are not specified. 
Theologians interpret the law in general as follows : all who are 
conscious of mortal sin are bound to confess within the period 
between January 1 and December 31, or, what practically 
amounts to the same, within the time comprised between the 
Easter of one year and the Easter of the following year. For, 
whoever makes his confession with a view to his Easter Com- 
munion, certainly does confess within the limits of a civil year, 
though the earlier or later date of Easter may make the inter- 
val elapsing between the confessions more than a year. 

Since the precept of yearly confession refers only to mortal 
sins, the common teaching of theologians is that, whosoever has 
accused himself at Easter time of venial sin only, but falls into 
mortal sin before the year has expired, must go to confession 
again before the end of the year, in order to fulfill the ecclesi- 
astical precept. ^^ 

The faithful, however, adds Lehmkuhl, should be exhorted 
never to put off the reception of the Sacrament, or at least the 
eliciting of an act of perfect contrition, when they have had the 
misfortune of offending God grievously ; for a soul in the state 
of mortal sin is in a most deplorable and dangerous condition. 
Still we are not authorized to insist on this as being an obliga- 
tion imposed by the Church, since some distinguished theolo- 
gians maintain the contrary. ^^ 

16 Lehmkuhl, I. Tract VL n. 1202j 3. 

17 S. Alph. 1. c. n. 669 ; Gury, 1. c. n. 479 ; Lehmkuhl, L c. n. 1204. 

18 S. Thom. Suppl. Q. 8, art. 5 ad 4, and St. Bonaventure, Compend. 
Theol. Lib. VI. cp, 25, Confess, necessitas, support this view saltern tacite. 
Cf. Lehmkuhl, 1. c. n. 1204. 



NECESSITY OF THE SACRAMENT OF PENANCE 27 

He who one year, whether by his own fault or not, fails to 
make his confession, but during the next confesses all his sins, 
satisfies thereby the obhgations with respect to both years, in the 
case, at least, when, during the current year, he has committed 
a mortal sin which he includes in his confession ; for he has ful- 
filled the precept which enjoins reconciliation with God. If, on 
the contrary, the penitent has committed only venial sins in the 
current year, and confessed them along with the mortal sins of 
the previous year, and later on falls into grievous sin, he is 
obUged to make another confession in order to comply with the 
law of the Church/^ 

He who has not confessed for a whole year, must, according 
to the more common and probable opinion, confess as soon as 
possible; because the Church has defined the period for fulfill- 
ing the precept, not for the purpose of hmiting the obligation 
to a determinate date, but to incite men to perform their duty 
in proper time {non ad finiendam sed ad urgendam obligationem) . 
Hence, a man would sin against the precept as often as he 
shirked an opportunity of making the neglected confession, 
thereby renewing the intention not to obey the law.^^ 

He who has sinned grievously, and foresees that in the course 
of the year he shall be prevented from going to confession, 
must avail himself of the presently occurring opportunity, for 
in these circumstances the duty of confessing is actually press- 
ing. 

The precept of the Church prescribes, moreover, that the 
faithful confess their sins sincerely (fideliter). By a bad confes- 
sion we cannot discharge our duty. This was distinctly con- 
firmed by Alexander VII, condemning a proposition to the 
contrary. (Prop. 14.) 

1^ Cf. Scavini, De Sacram. Poenit. n. 36, who follows Suarez, Laymann, 
Lugo, Salmanticenses, etc. Cf. Lehmkuhl, 1. c. n. 1202. 

'^^ Lacroix, De prsecepto Confess, n. 2003; S. Alph. 1. c. n. 668; Scavini, 
1. c. n. 36, Q. 4; Guiy, 1. c. n. 478, nota 3 ; Lehmkuhl, 1. c. n. 1206. 



28 PENANCE AS A VIRTUE AND AS A SACRAMENT 

A further provision of the Later an decree, to confess pro- 
prio sacerdoti, which formerly obhged the faithful to make 
their annual confession to their own parish priest, bishop, vicar- 
general, or the Pope, has long been abrogated by a recognized 
universal contrary practice. Confession may, therefore, be 
made to any priest duly authorized by the bishop. ^^ 

The excommunication for the violation of the Church's pre- 
cept of annual confession, as of Paschal Communion, is not a 
poena latce, but a poena ferendce sententice. 

The ardent wish of the Church is that her children should 
confess frequently during the year. This is apparent from the 
wording of the law. Frequent confession is of the greatest use- 
fulness to all without exception, to the sinner as well as the Just. 
It destroys the evil inclinations born by sin and averts its terrible 
consequences. 

1. Although, absolutely considered, a single confession made 
worthily and with due preparation is able to arrest us in the 
downward career of vice, to extinguish the long-nourished flame 
of passion, to correct our evil inclinations and habits, to confirm 
us in grace, and to insure us against relapse ; yet this is not the 
ordinary course of things. When we are cleansed from our sins 
by the Sacrament, we have yet to face a long struggle with the 
remains of sin; for the wounds inflicted by sin, though closed 
by the grace of absolution, leave us in a weakened condition, 
and may easily reopen. To effect a perfect cure of the soul, 
and to purify its incHnations and habits, there exists no more 

21 Cf. Bened. XIY. De Syn. dioec. 1. II. cp. 14, 1-5. Hence a parish 
priest, who would make his parishioners confess to him, is guilty of sin, 
since such indiscreet zeal, or unworthy jealousy, might give occasion to 
sacrilegious confessions. Compare what St. Thomas (1. c. art. 4 et 5) 
wrote even before it was allowed to confess indifferently to any priest 
having faculties ; that a priest would sin, if he were not ready to give 
leave to any individual to make his confession to another priest. It was 
distinctly understood before that time that one might confess to any priest 
who had been authoi'ized by the proprius sacerdos to hear the confession. 
Cf. Muller, 1. c. Sect. 118, n. 6-4 ; Lehmkuhl, 1. c. n. 1205. 



FORGIVENESS OF VENIAL SIN 29 

efficacious means than frequent confession. It leads us to 
greater watchfulness over ourselves, constitutes an act of hu- 
mility, forces us to renew our good resolutions; it equips us 
with many special graces, intended to assist us in our spiritual 
warfare, and to enable us to persevere in the paths of virtue in 
spite of the manifold difficulties which we encounter. 

2. Frequent confession is also the most powerful means to 
counteract the disastrous consequences of sin. The most fatal 
of these are: bhndness of the soul, hardening of the heart and 
final impenitence. As often as we go to confession, the great 
salutary truths of our religion are recalled to our mind. We 
reflect on God and our last end, on Jesus Christ and His love 
and mercy, on the wickedness and the dreadful punishments of 
sin, on our august duties, and on God's holy law. Frequent 
confession is an antidote against the hardening of the heart, 
since it arouses in us a profound hatred of sin, love for God, 
fear of His wrath, and the desire of accomplishing His will. 
Finally, as at every confession we again banish sin from our 
hearts, frequent confession is the best preparation for a penitent 
life and a happy death. 

Also the just derives great benefits from frequent confession; 
he is more and more cleansed from the lesser faults, committed 
daily ; the grace and love of God are increased in his heart, and 
special helps to overcome his faihngs and weakness are granted 
to him. The oftener the just man approaches this holy Sacra- 
ment, the more fully_ does he partake of its pecuhar graces.^^ 

4. Forgiveness of Venial Sin. 

By divine and ecclesiastical precept we are bound only to con- 
fess mortal sins; there is no obligation to confess venial sins; these 
may be forgiven without receiving the Sacrament of Penance. 

^'^ Pauli Segneri, S. J., Instructio Poenitent. cp. XV ; Fructus percepti ex 
frequenti confessione. 



80 PENANCE AS A VIRTUE AND AS A SACBAMENT 

'^Venial sins, by which we are not shut out from the grace of 
God and into which we fall more frequently, though they be 
rightly and profitably declared in confession, as the practice of 
pious people demonstrates, may be omitted without guilt, and 
be expiated by many other methods." Such is the teaching of 
the Council of Trent.'' 

Before enumerating the methods by which venial sins can be 
remitted we wish to observe : — 

1. The most necessary condition for the remission of any sin, 
and therefore also of venial sin, is contrition. So long as a man 
is attached to sin and does not detest it, God cannot forgive it, 
for He is infinitely holy and just. It is not, however, absolutely 
necessary to specify the sins and make a formal act of sorrow 
for them, otherwise David's prayer Ah occultis meis munda me 
(Ps. xviii. 13) would be useless and the remission of forgotten 
sins impossible. Virtual contrition is sufficient, i.e. the sinner 
must be actually contrite for all his sins, and from universal mo- 
tives which apply even to those sins of which he is unconscious 
or which he has forgotten. He must also have the intention of 
including in that contrition all the sins by which he has offended 
God. Although venial sin is more easily forgiven than mortal, 
yet this forgiveness is impossible without at least a virtual con- 
trition for it. For when a man falls into venial sin he turns 
inordinately to creatures, not, however, as in mortal sin, by 
entirely abandoning God, his last end, and unreservedly giving 
himself up to creatures. This attachment to creatures, however, 
makes it necessary that he should, if not formally and explicitly, 
at least virtually and implicitly, turn away from them and com- 
bat this guilty affection for creatures by a contrary act of the 
will. A work done to please God, or a mere act of love with- 
out abhorrence of sin, does not remit that sin. As venial sin 
may coexist with the general habit of the love of God, so it may 
coexist with a particular act of that love ; for a man can make 

23 Sess. XTV. cp. 5. 



FORGIVENESS OF VENIAL SIN 31 

an act of perfect love or even an act of perfect contrition and 
still retain a leaning toward some particular venial sin.^* 

2. Since the presence of venial sin is compatible with that of 
sanctifying grace, and since a man can be sorry for one venial 
sin without being necessarily sorry for another, it follows that 
one venial sin may be forgiven and others left unforgiven. 

3. A penitent who is burdened with both mortal and venial 
sins may by perfect contrition or the Sacrament of Penance be 
freed from his mortal sins and yet be left with his venial sins 
still upon him because he is not sorry for these. 

4. Hence, if a man is in the state of mortal sin, his venial 
sins cannot be remitted without the mortal sin being at the 
same time forgiven ; for God cannot forgive one who will not 
acknowledge and love Him as Lord and God; and, according to 



24 Cf . S. Th. De Malo, Q. 7, art. 12 ad 4, and Summa Theol. III. Q. 87, art. 
1. St. Thomas demands for the forgiveness of mortal sin a perfectior pceni- 
tentla, that is, that a man actually detest his m^ortal sins so far as he can ; 
sed non hoc requiritur ad remisdonem venialium peccaior'um ; non tamen sufficit 
habitualis displicentia quae hahetur per hahltum caritatis, vel poenitentice virlutis, 
quia, sic cariias non compateretur peccatum veniale, quod patet esse falsum. . . . 
Hence follows, continues the holy Doctor, that there is required a virtualis 
displicentia, puta cum aliquis hoc modo fertur secundum ajfectum in Dewn et 
res divinas, ut, quidquid sihi occurreret, quod eum ah hoc motu retardaret, dis- 
pliceret ei et doleret se commississe, etiamsi actu de illo non cogitaret, quod tamen 
non sufficit ad remissionem peccati mortalis nisi quantum ad peccata ohlita post 
diligentem inquisitionem. III. Q. 87, art. 1. Scavini, 1. c. n. 13. There is 
an apparent opposition, but it is only apparent, between this teaching of St. 
Thomas and that of Suarez (Disp. II. Sect. 3. n. 8 sq. in Sum. III. Q. 87, 
art. 2) and other theologians, who hold that venial sins can be forgiven 
without formal contrition by an act of supreme love of God. For Suarez 
distinguishes a twofold perfection in this love, an objective secundum exten- 
sionem ad venialia peccata, and an intensive ex conatu potentice. Only the 
objective love which extends to venial sin is, according to this learned theo- 
logian, able to atone for venial sin, because it implies an aversion of the will 
from sin in consequence of that love. Hence, it will effect the remission of 
all venial sins quoad culpam if it extends virtually to all, or of some only, in 
so far as these are affected by the act of love. This aversion of the will 
from sin is nothing else than a virtualis displicentia ; in other word^, contri- 
tion. 



32 PENANCE AS A VIRTUE AND AS A SACRAMENT 

the doctrine of St. Thomas, just as mortal sin is forgiven by the 
influx of sanctifying grace, so the remission of venial sin is de- 
pendent on a movement of grace or love, which therefore must 
be actually present.^^ 
Venial sins are forgiven : — 

1. By the Sacrament of Penance, and that directly and ex 
opere operato, when they are submitted in confession to the 
power of the keys with formal contrition and purpose of amend- 
ment. 

2. ^'By many other means," ^^ such as : — 

(a) All the Sacraments; they remit sins ex opere operato, and 
especiall}^ those sins which are opposed to the particular end of 
the Sacrament. For the object of every Sacrament is the sanc- 
tification of souls, and hence the removal of all that hinders 
this sanctification. Now venial sins in particular, by hindering 
the conferring of richer graces, are an obstacle in the way of 
attaining sanctity. Cardinal Lugo, in treating this subject, illus- 
trates it by the attitude of two friends: ^^Even where, in the 
strict nature of things, we cannot expect that the influx of grace 
should cause the remission of sins, yet it is in accordance with 
good feeling that where fresh and closer ties of friendship have 
been formed, Httle offences should be condoned. If, then, the 
influx or increase of grace is a new bond of friendship between 
God and the just man, uniting him more intimately with God, 
an embrace of love, so to speak, and a kiss of peace, it is prob- 
able and reasonable to suppose that there is granted also a re- 
mission of the smaller sins which have been retracted." " 

It is always, however, necessary and suflficient to elicit at 
least a virtual or implicit contrition, contained in a pious and 
supernatural affection toward God, which is opposed to venial 

25 Cf. III. Q. 87, art. 4 et 2. On the diverging views of Scotus and 
Durandus, compare Suarez, De Sacram. Poenit. Disp. II. Sect. 2, n. 2. 

26 Trid. Sess. XIV. cp. 5. 

27 Disp. IX. Sect. 3, n. 53. 



FORGIVENESS OF VENIAL SIN 33 

sins, and is consequently a virtual horror and retraction of the 
same.^** 

Not all the Sacraments, however, effect this forgiveness in the 
same manner. Next to the Sacrament of Penance, Baptism 
and Extreme Unction have a peculiar power, because they were 
instituted by Christ for the very purpose of forgiving sins. If 
an adult who had been purified of original sin and of his mortal 
sins by perfect love and contrition (the Baptism of desire), but, 
on account of his attachment to venial sins, was not yet freed 
of these, were to receive Baptism, all his venial sins for which 
he had at least virtual contrition would be forgiven through 
this Sacrament. For, according to the teaching of the Council 
of Trent, Baptism effects a new birth, and in consequence the 
remission of sins, with the exception, of course, of those venial 
sins which the newly baptized person has not yet renounced. ^^ 

Of Extreme Unction the Council of Trent, referring to James 
V. 15, teaches that it forgives the sins which defile the soul, and 
removes the remains of sin.^^ 

With respect to the Holy Eucharist the same Council ^^ de- 
clares that although the forgiveness of sin is certainly not the 
principal fruit of this Sacrament, yet, in accordance with our 
Lord's commands, we should receive it in order thereby to be 
freed from our daily trespasses and strengthened against mortal 
sin. 

Hence there is no doubt that the Holy Eucharist removes 
venial sins. But theologians do not agree how it produces this 
effect — whether, as in the case of the three preceding Sacra- 
ments, immediately, ex opere operato, or only mediately, ex 
opere operantis. The champions of both views appeal to St. 

28 Cf. S. Th. ITT. Q. 87, art. 1 et 3. 

29 Cf. Trid. Sess. V. Deer, de peccato orig. n. 5; Sess. XIV. de poen. cp. 
3; S. Th. III. Q. 86. art. 2 ad 1. 

30 Sess. XTV. de Extr. Unct. cp. 2, can. 2. 

31 Sess. XIII. can. 5 et cp. 2. 



34 PENANCE AS A VIRTUE AND AS A SACRAMENT 

Thomas, who on the one hand teaches that the Holy Eucharist 
acts after the manner of bodily food, repairing what in the heat 
of concupiscence we have lost by venial sin, and on the other 
hand declares the pecuhar grace (res sacramenti) of this Sacra- 
ment to be caritas, and that not only quantum ad habitum sed 
etiam quantum ad actum; in other words charity is ehcited in this 
Sacrament, and through its operation venial sins are forgiven.^^ 

Suarez interprets St. Thomas as teaching that the Holy Eu- 
charist effects the remission of venial sins ex opere operato, and 
this interpretation would seem to have the preference over that 
of theologians who, with St. Alphonsus, insisting on the words 
just quoted, hold that the Sacrament of the Eucharist works ex 
opere operantis.^^ 

The three remaining Sacraments, of Confirmation, Orders, and 
Marriage, do not so directly imply forgiveness of venial sin ; still 
they pour into the soul of the recipient a new grace, and so they, 
too, must be considered as remitting venial sins when no obsta- 
cle is put in the way.^^ The range of this power varies accord- 
ing as the grace conferred in the Sacrament is more or less 
opposed to some particular sin or kind of sins. The most effi- 
cacious of the last-named Sacraments in ehminating venial sin 
is that of Confirmation, because its influence extends to the 
whole life of faith and grace, strengthening and bringing it to 
perfection.^^ Holy Orders give grace to the recipient, so that 
he may attain the holiness and perfection that befit his state, 
and in consequence they also purify from sin.^^ Finally, Mat- 
rimony remits venial sins because it confers the grace by which 
concupiscence is curbed and restrained, and by which the recipi- 
ents are enabled to fulfil their duties of mutual sanctification. 

82 III. Q. 79, art. 4. 

83 Suarez, Comment, ad III. Thomas, Q. 79, art. 4. Cf. Disputatio 63, 
Sect. 10, n. 1. 

34 Cf. S. Thom. Q. 87, art. 2 et 3. 

35 Cf. S. Thom. Q. 72, art. 7 ad 2. 

36 Cf. S. Thom. Suppl. Q. 26, art. 1 et 3. 



FORGIVENESS OF VENIAL SIN 35 

(h) Venial sins are likewise removed by the holy sacrifice of 
the Mass, which of its own nature is a sacrifice of atonement, a 
sacrificium vere propitiatorium.^'' It works this forgiveness, as 
theologians teach, per modum impetrationis, therefore mediately, 
by obtaining for the sinner from God the grace of contrition or 
other virtues, excluding affection for sin. ^^ 

(c) The sacramentals also destroy venial sins. '^By the use 
of the sacramentals the faithful confess and awaken their faith, 
hope, reverence for God, a longing for interior holiness and sin- 
lessness, or a horror of sin, and sorrow for past offences. The 
symbols blessed or used by the Church confer a grace which 
produces or strengthens desires and acts of different virtues, 
which in turn destroy venial sin and atone for it." ^^ Hence a 
sacramental possesses power of remitting sin in proportion as 
its character and the blessing of the Church cause it to excite 
or strengthen acts of virtue in the faithful. The Church has a 
sacramental especially designed for the remission of venial sins, 
and makes use of it on those occasions when the faithful need 
greatest purity of heart. It consists of the two prayers : Mis- 
ereatur vestri, etc., and Indulgentiam, ahsolutionem, etc.^" To 
these we may add the use of holy water, which, in accordance 
with the intention and prayers of the Church when she blesses 
it, is designed to ward off the devil's influence from animate 
and inanimate creatures and to protect them from impurity, 
sickness, and harm.^^ The effect of the other sacramentals in 
procuring remission of venial sins is not so direct. The more 
they are of their own nature suited to awaken contrition, and 
the more directly the intention in the use of them is directed to 



. 37 xrid. Sess. XXTI. de Sacrif. Miss«, cp. 2. 

38 Cf. S. Alph. Lib. VI. n. 311. 

^^ TaiDpehorn, Die lassliche Siinde, p. 55. 

*^ Some theologians attribute to these two prayers an effect ex opere 
operato. Suarez, Disp. 12, Sect. 2, n. 6. 

41 Cf. S. Thorn. III. Q. 87, art. 3. 



36 PENANCE AS A VIBTUE AND AS A SACRAMENT 

the cleansing from sin, so much the more effectual are they in 
this respect/^ 

(d) Contrition by itself also procures the remission of venial 
sins, and more especially when it is perfect (contritio), since, then, 
it destroys mortal sin and is, therefore, still more efficacious in 
the case of venial. Perfect contrition removes all venial sins if 
it is universal, that is to say if it extends to all venial sins, or if 
a man is disposed never more to commit venial sin and would 
be sorry for all his past sins, if they were present to his mind. 
On the other hand, an act of perfect contrition does not remit 
all venial sins, if it extends only to this or that particular venial 
sin, or if a person is disposed to avoid only one or <)ther of his 
venial sins.^^ 

According to the teaching of the more numerous and distin- 
guished theologians, even imperfect contrition remits venial 
sins; this imperfect contrition {attritio) must spring from some 
supernatural motive referring to God — such for instance as the 
thought that venial sin is a violation of the obedience or rever- 
ence due to God.^^ By attritio the affection toward sin is en- 
tirely uprooted and the will is withdrawn from the sin, man 
turns again to God as his last end, and expiates his fault by his 
sorrow. ^^ 

{e) Moreover, the ^Move of God above all things" remits 
venial sins if it is actual and formally or virtuahy opposed to 
venial sin.^*^ 

(/) Lastly, venial sins are forgiven by good works done from 



42 Cf . Mliller, 1. c. Sect. 110, II. n. 4. 

43 Cf . S. Thoin. III. Q. 87, a. 2 ; 8. Bonaventure, In IV. Sent. Dist. 20, 
P. 1, a. 1, Q. 2 ad 3. 

44 Cf . Lugo, De Sacram. Poenit. Disp. IX. Sect. 2, n. 29 et seq. ; Suarez, 
Disp. XT. Sect. 8 ; Ripalda, De Ente Supernatural!, Tom. II. Lib. IV. Disp. 
97, Sect. 4 (Ed. nova, Parisiis, 1870). 

45 For the arguments of those who oppose this teaching, see Suarez, Disp. 
XL Sect. 3, n. 5 ; Gury, I. n. 457 ; Scavini, L c. n. 11 ss. 

46 Cf . Suarez, Disp. 11, Sect. 3, nn. 8-10. 



CONSTITUENT PARTS OF SACRAMENT OF PENANCE 37 

a motive of penance {ex affectu poenitentice) , especially those to 
which Holy Scripture assigns the virtue of destroying venial 
sin. Such are: prayer ^^ (John xiv. 13 s.; xvi. 23), almsgiving 
and fasting, especially the works of mercy and mortification 
(Ecclus. in. 33; iv. 1-11; Tob. iv. 11; Dan. iv. 24; Matt. 
V. 7; John iii. 5-10; 1 Reg. vii. 5, etc.; 1 Esdras viii. 21, etc.). 
Cf. S. Thom. II. II. Q. 147, art. 1 et S.'' 

5. The Constituent Parts of the Sacrament of Penance in General. 

As in the other Sacraments a distinction is made between the 
matter and the for7n, so too in the Sacrament of Penance; but 
with a certain difference, which appears from the fact that the 
Council of Trent speaks of the matter of this Sacrament as a 
quasi-materia. The Catechismus Romanus ^^ states this more 
fully when it says : This Sacrament is distinguished from the 
other Sacraments especially in this, that the matter of the other 
Sacraments is a substance produced by nature or art, while in the 
Sacrament of Penance it is the acts of the penitent, especially 
the contrition, confession, and satisfaction ; yet it is not because 
these acts are not to be considered as truly matter of the Sac- 
rament that the Holy Council calls them quasi-materia (^'as it 
were the matter"), but because they are not materially or exter- 
nally applied, like water in Baptism and chrism in Confirmation. 
These three acts of the penitent are styled by the Council of 
Trent the parts (partes) of the Sacrament of Penance ^^in so far 

^■^ There are three prayers which have quite a special efficacy in this mat- 
ter : one has come to us from the Holy Ghost through David, the other from 
Our Lord, and the third from the Church ; they are the seven penitential 
psalms, the Our Father, and the Confiteor. Cf. S. Thom. III. Q. 87, art. 3 ; 
I. I.I. Q. 74, art. 8 ad 6. 

4^ On the remission of venial sins, defiling the faithful who die in grace 
see S. Thom. De Malo, Q. 7, a. 11 ; Suarez, Disp. 11, Sect. 4 ; Disp. 47, Sect. 1 ; 
Palraieri, Tract, de Poenitentia, p. 190 ss. ; Oswald, Eschatologie, p. 84 ss. ; 
Tappehorn, Die lassliche Sunde, Sect. 11, p. 61 ss. 

49 Cat. Kom. P. II. Cap. V. Q. XII. 



38 PENANCE AS A VIRTUE AND AS A SACRAMENT 

as they are required by God's ordinance in the penitent for the 
completeness of the Sacrament and for the entire and perfect 
remission of sin."^^ To these must be added the absolution of 
the priest, which constitutes the form. Hence we have to con- 
sider as parts of the Sacrament : (1) contrition, (2) confession, 
(3) satisfaction, and (4) absolution/^^ 

The three acts of the penitent have not all, however, the same 
importance. The satisfaction belongs to the Sacrament only in 
so far as its integrity and its complete efficacy are concerned; 
hence it is not an essential, but only an integral part of the Sac- 
rament. It is true that the power of imposing on the penitent 
a suitable satisfaction belongs essentially to the administration 
of this Sacrament; hence also the penitent is obhged to accept 
this penance and to declare himself willing to perform it. The 
actual performance of the penance, however, is not necessary in 
order that the Sacrament should produce its effect. ^^ 

The confession or self-accusation of the penitent in presence 
of the priest is the principal matter of this Sacrament, for this 
is necessary in se and per se, in order that the confessor may 
form a judgment and administer the Sacrament. 

Contrition is a necessary constituent of the Sacrament but 
merely in se not per se ipsum, and only as contained in the ac- 
cusation, which is an outward manifestation of the contrition ; 

50 Cat. Rom. 1. c. 

51 Cf. Trid. Sess. XIV. cp. 2, 3 et 4, Ccan. 4; S. Thorn. III. Q. 86, art. 6; 
Ballerini, Op. Theol. Mor. 1. c. cp. 1. d. 2 ss. 

52 Suarez, Disp. 20, Sect. 3, n. 8, and Disp. 58, Sect. 1, n. 3 ; Lehmkuhl, 1. c. 
Cap. III. Sect. 1, n. 258 ; Aertnys, 1. c. Cap. III. art. 1, n. 174. Without satis- 
faction the Sacrament is there in its essence, but it is not quite perfect, as a 
man without legs is, indeed, a man essentially, but not a complete and per- 
fect one. For this Sacrament was instituted for the complete removal of sin, 
both guilt and punishment; thus it produces not only remission of the guilt 
and of the eternal punishment (in which may be included a portion of the 
temporal punishment), in consequence of the absolution, but also remission 
of the temporal punishment by the performance of tlie penance imposed; 
hence the satisfaction is a part of the Sacrament which produces these effects. 
Cf . Lugo, De Poen. Disp. 12, n. 40. 



BEMOTE MATTER OF THE SACRAMENT OF PENANCE 39 

for contrition is not per se subject to the senses, but must be 
outwardly shown in some way in order to become manifest.^^ 
''The contrite accusation, therefore, reahzes all the conditions of 
the matter in the Sacraments." ^* 

Theologians draw a further distinction in this Sacrament be- 
tween the proximate and the remote matter {materia proxima 
et remota) . Proxima materia consists of the acts which the peni- 
tent has to perform, and remota materia of the sins committed 
after Baptism which the penitent has repented of and confessed 
and for which he must do satisfaction.^^ 

6. Of the Remote Matter of the Sacrament of Penance in 

Particular. 

The remote matter of this Sacrament are, as we have already 
seen, the sins committed after Baptism. Those committed be- 
fore Baptism are forgiven entirely in Baptism, wherefore they 

53 Lehmkuhl, 1. c. n. 258. 

5* Aertnys, 1. c. Cap. III. art. 1, n. 174. 

^5 Theologians do not agree as to whether the acts of the penitent are in 
truth matter belonging to the inner constitution of the Sacrament — in the 
same way, for instance, as the washing with water is an intimate element 
of Baptism — or whether they belong to the Sacrament only in a wider 
sense; in other words, whether the acts of the penitent are materia ex qua 
or only materia circa quam of the Sacrament. The Scotists place the whole 
essence of the Sacrament in the absolution, and teach that the acts of the 
penitent are only materia circa quam and conditio sine qua non, in such a 
manner, however, that without these the absolution cannot be sacramental ; 
hence they have no hesitation in considering these acts essential. The 
Thomists, and by far the greater number of theologians, consider the acts 
of the penitent as materia ex qua, because they do in fact belong essentially 
to the constitution of the external act which produces the interior grace. 
This doctrine unquestionably carries the day, "unless," as Lehmkuhl says, 
" one chooses to call the acts of the penitent materia ex qua, not as having 
their origin in the penitent, but as matter presented judicially to the con- 
fessor, a question about which I do not wish to argue, for that acts of the 
X")enitent — sorrow and accusation — are necessary, and should be elicited, is 
beyond all doubt." Lehmkuhl, 1. c. n. 256. Cf. Ballerini, Op. Theol. Mor. 
1. c. cp. 1, n. 14. 



40 PENANCE AS A VIRTUE AND AS A SACBAMENT 

are not, properly speaking, subject to the Sacrament of Pen- 
ance. Again, a man is not under the Church's jurisdiction till 
he is baptized, and this Sacrament of Penance is administered 
by virtue of the jurisdiction which the Church exercises over 
her members. The sins which are confessed are not, however, 
materia ex qua, as is water in the Sacrament of Baptism, by 
means of which the Sacrament is conferred, but materia circa 
quavi, with regard to which the penitent performs the necessary 
acts and receives absolution. As, for example, in a lawsuit 
the matter proposed for decision and the sentence are called the 
matter of the case, so here the sins which form the object of 
the sacramental process instituted for the remission of sins are 
regarded as the remote matter of penance.^*^ This remote mat- 
ter is divided into : — 

1. Necessary and free matter (necessaria et libera), i.e. neces- 
sary as a consequence of the divine command, by which definite 
sins (a definite materia remota) must be submitted to the sacra- 
mental tribunal and the power of the keys, so that the penitent 
who wilfully neglects this course cannot receive the Sacrament 
validly. By free matter we understand those sins which the 
penitent voluntarily confesses whilst not bound to do so by 
divine law. 

2. Certain and doubtful (certa et dubia), i.e. matter which in 
the judgment of the confessor is a certain and vahd object of 
absolution; or matter regarcUng which absolution cannot be 
pronounced without misgiving. 

3. Finally, sufficient and insufficient (sufficiens et insufjiciens) , 
i.e. such matter as suffices for the administering of the Sacra- 
ment and the granting of absolution, whether the matter be 
necessary or free, and such over which sacramental absolution 
cannot be pronounced. 

Necessary matter comprises all grievous sins committed after 
Baptism and not at any former time submitted directly to the 

66 Cf. Aertnys, 1. c. Cap. III. n. 171. 



EEMOTE MATTER OF THE SACRAMENT OF PENANCE 41 

power of the keys; of all and each of them the penitent is 
obhged to accuse himself. 

Sins are remitted directly when they have been remitted per 
se quite independently of other sins. This is the case when they 
have been explicitly confessed to a priest having the required 
jurisdiction. Sins are forgiven indirectly when they are re- 
mitted in conjunction with other sins, and not per se. This hap- 
pens when a penitent omits a sin through invincible ignorance 
or forge tfulness or inability; or if a confessor without proper 
jurisdiction, for serious reasons, gives absolution. In both cases 
such sins are remitted in conjunction with the other sins which 
have been exphcitly confessed and over which the priest had 
jurisdiction. This must be so, for a penitent cannot at the same 
time experience God's mercy by the remission of the sins which 
he has confessed and also be an object of God's wrath with re- 
spect to his other sins ; moreover, the inpouring grace, through 
the remission of the sins that have been confessed, is not com- 
patible with the presence of mortal sin remaining in the soul. 

It is in consequence of Christ's institution that all the sins 
committed after Baptism and not yet directly forgiven, and also 
the sins only indirectly forgiven, must of necessity be revealed 
to the priest; for in appointing the priest to be His representa- 
tive, Christ made him the judge before whom all mortal sins 
must be brought, that, in virtue of the power of the keys, he 
might pass sentence of loosing or binding." Over sins which 
have not yet been directly remitted the confessor has pronounced 
no judgment, for they were unknown to him; hence, in accord- 
ance with Christ's command, even sins indirectly forgiven must 
be submitted by confession to the power of the keys in order 
that they may obtain direct forgiveness.^^ 

5^ Trid. Sess. XIV. cp. 5. 

58 Lacroix, Theol. Moral. Lib. VI. P. II. n. 595 ss. ; Mazzotta, Theol. 
Moral. Tr. VI. Disp. 1, q. 4, cp. 5. Hence Alexander VI[ condemned the 
proposition (Prop. II. daranata) that sins omitted in confession, whether 



42 PENANCE AS A VIRTUE AND AS A SACRAMENT 

The following classes of sins are sufficient and free matter for 
confession : — 

(a) The venial sins committed after Baptism. These are mat- 
ter sufficient because Christ gave His priests power to forgive 
all sins, therefore also venial sin; and the Council of Trent 
teaches that it is good and wholesome to confess venial sins. 
Since, however, the recommendation of the Council imposes no 
obhgation to confess them, as they may be remitted by other 
means, they are free matter. 

(b) Sins already directly forgiven are also free matter. Since 
they have already been remitted by sacramental absolution 
they may be said to exist no longer. Nevertheless, though they 
have been forgiven, one may renew his sorrow for them, 
and on that account the absolution may be given again vahdly, 
even if no other sins be presented. This is proved by the gen- 
eral practice of the faithful and the unanimous teaching of 
theologians, who declare that contrite confession of a past sin 
is always materia proxima of the Sacrament; a sin which 
has received forgiveness remains always a sin of the past 
and so can be made the object of sorrow and of sacramental 
accusation.^^ 

Moreover the highest authority in the Church favors this 
view; for Benedict XI teaches ^^ : '^Though it be not necessary, 
yet we consider it very wholesome to repeat the confession of 
special sins on account of the humiliation which they cause." 
Although, in these words, the Holy Father speaks of humiliation 
only as the advantage to be drawn from the confession of pre- 
viously forgiven sin, it is quite evident that he does not intend 
to exclude the great benefits which the absolution pronounced 



they have been forgotten, or not confessed on account of danger of death, 
or for any other reason, need not be mentioned again in confession. 

59 S. Alph. 1. c. n. 427, dub. 2; Gury (Ed. Rom.), n. 418; Ballerini, Op. 
Theol. Mor. 1. c. n. 17; Miiller, L c. Sect. Ill; Aertnys, 1. c. n. 172. Q. I. 

^ Extravag. com. 1. 5. tit. 7 (de privileg.), c. I. Const. " Inter cunctas." 



BEMOTE MATTER OF THE SACRAMENT OF PENANCE 43 

over these sins must bring, for the confessions of which the 
Pope speaks are made only in order to obtain absolution.^^ 

Thus, besides this salutary humihation, the confession of for- 
given sins and the absolution again pronounced over them 
cause an increase of sanctifying grace and a remission of tem- 
poral punishment, augment the hatred for sin, and dispose the 
penitent, who has only human shortcomings or venial sins of less 
moment to disclose, better toward a sincere contrition. How 
in this case the true notion of ^^ absolution," which is in fact 
identical with the influx of sanctifying grace, is preserved, re- 
mains for the dogmatic theologian to settle; for our purpose it 
is enough to indicate briefly Lugo's explanation. ^^As," says 
the learned Cardinal, ^^ after making a vow I can bind myself 
afresh to its observance by renewing the vow in a manner which 
binds me independently of the former promise, so God may 
again waive His right of punishing sin, by a renewal of the com- 
pact with man to pardon past sins, and this repeated renuncia- 
tion of the divine right is as efficacious as the first, and is made 
by a new infusion of sanctifying grace." ®^ 

Since venial sins and mortal sins already directly remitted are 
free matter, it is not necessary to accuse one's self of them with 
such accuracy and perfection regarding number and species as 
in the case of necessary matter, even if there be nothing else to 
confess. In this case we cannot urge the two reasons for which 
the accusation of mortal sins not yet confessed must include the 
details of species and number, for neither has God ordered it, 
nor is it required in order that the judicial power may be prop- 
erly exercised with regard to them. Hence it suffices to accuse 
one's self in such a way as to enable the priest to form some sort 
of judgment. That this is possible if the sin is confessed at 
least generically (generice) is seen from other cases. For in- 
stance, a man who knows that on one occasion he sinned gravely 

61 cf . Ballerini, 1. c. ; Lehmkuhl, 1. c. n. 263. 

62 Lugo, De Poenit. d. 13, n. 73. 



44: PENANCE AS A VIRTUE AND AS A SACRAMENT 

against the sixth commandment but has forgotten the exact 
specific nature of the sin, or that he has sinned gravely but has 
quite forgotten what the sin was, is obhged, as all theologians 
teach, to confess that he has sinned gravely against purity, or, 
in the latter instance, that he had committed a mortal sin. 
Many extend this obligation to a sin w^hich is only doubtfully 
mortal, of which the penitent cannot any longer remember the 
species, and which moreover is the only sin weighing upon his 
conscience. ^^ r 

We have viewed our subject with respect to the vahdity of 
the Sacrament. Let us see how in practice a general accusa- 
tion may be made, and how far such general accusations are 
valid and permissible matter for absolution. 

1. A penitent may accuse himself thus: ^^I have sinned and 
I accuse myself of the sins of my whole life," and if the con- 
fessor has no other knowledge of these sins, such an accusation 
is general in the widest sense ; to this class belongs also an accu- 
sation conveyed by an expression of sorrow without any explicit 
avowal of sin. 

2. A more particular but still general accusation is: ''I 
accuse myself of all the mortal sins which I have committed." 

3. Yet more precise is the accusation: ^'I accuse myself of 
all the lies I have told, or of all the sins I have committed 
against purity, or justice, or this or that particular virtue," thus 
pointing out the virtue or the command against which he has 
sinned, but without giving the ultimate specific character (m- 
fima species) of the sin. 

4. Finally, the penitent may declare the ultimate species 
(infima species) of the sin without determining the precise act 
and without the specific circumstances and their number ; e.g. 
I accuse myself of all profanations of the name of God, of all 
sinful looks dangerous to purity, of all deception in my dealings 
with my neighbor, etc. 

63 Cf. Lehmkuhl, 1. c. n. 263. 



REMOTE MATTER OF THE SACRAMENT OF PENANCE 45 

When there is question in the confession of materia libera : — • 

1. The last two methods of general accusation are sufficient 
for the valid and licit administration of the Sacrament, whether 
the whole confession consist of such a general accusation or 
whether this general accusation be added to a confession of 
venial sins to make sure of contrition. The second method 
of accusation might perhaps be allowed ; but if any one wished 
to make the whole confession by this second method of general 
accusation, embracing in this manner sins already confessed 
without some sort of a special mention of venial sins lately 
committed, the confessor might well object and could not easily 
give absolution unless in case of some pressing necessity. If, 
however, sins not yet explicitly confessed are declared, and a 
general accusation is added of the second kind for the sake of 
security, this may be considered as sufficient both quoad valo- 
rem and quoad liceitatem. For the accusation, ^'I have sinned 
mortally," is not quite vague, as it expresses a certain degree 
of sinfulness which may very well be (and at times is all that 
can be obtained) the object of a judicial sentence. 

2. An entirely vague accusation, although there be necessary 
matter, may be accepted as being sufficient in cases of extreme 
necessity — when a detailed accusation is impossible and abso- 
lution must be given. For instance : — 

(a) At the time of death, when the dying man can no longer 
speak or is unconscious, and has already shown signs of a desire 
for absolution ; for, according to the Roman Ritual, such a man 
is to be absolved {ahsolvendus est), and this official book of the 
Church suggests nothing about making the absolution condi- 
tional. 

(h) In other cases of impending death, when the desire for 
absolution is expressed by any sort of sign; e.g. in a shipwreck 
where there is not time to make a full accusation. 

(c) If a penitent is too ignorant or too weak-headed^ even 
with the help of the confessor's questions, to render an accurate 



46 PENANCE AS A VIRTUE AND AS A SACRAMENT 

account, at least absolution may at times be given to such a 
penitent if he has not had it for a long period. ^^ 

3. When it is a question of venial sins only (on the supposition 
that these either alone or in conjunction with other doubtful 
matter have been confessed), the confessor may not give absolu- 
tion for an accusation which is quite vague, for such an accusa- 
tion offers no entirely certain matter for absolution, and from 
what is allowed in danger of death we may not conclude that 
the same will suffice for the vaHdity of absolution in cases where 
there is no urgency. A confession, for instance, delivered by a 
messenger is permissible only in the case of imminent death 
where no other means can be devised; this is clear from the 
propositions condemned by Clement VIII and Paul V. In 
any other case, the unanimous voice of theologians declares 
such a confession invahd. Hence if valid matter can be pre- 
sented, it must be done if absolution is to be given. 

This is clear, too, on the merits of the case itself. One may 
always presume that the desire which a dying man expresses for 
absolution is at least a hesitating, if not definite, acknowledg- 
ment bf having committed mortal sin by the fact that he con- 
siders absolution necessary and desirable; but if a man, though 
able, accuses himself of no definite sins to his confessor, it is 
tantamount to a declaration that he has committed only venial 
sins. Now the confession of mortal sin in general contains 
something definite; whereas an accusation of Venial sin in gen- 
eral is altogether vague; hence the causa judicialis in this case 
is quite unknown, and no sentence can be passed where the 
charge is unknown and undetermined. 

Finally, it is quite foreign to the practice of the Church to 
make a confession by the formula, ^^I have no mortal sins; I am 
sorry for my venial sins, and I ask absolution." He who evades, 
therefore, a fuller accusation of his venial sins, when he could 
make one, is unworthy of absolution, which is intended to be 

64 Renter, Neoconfessarius, P. II. Cap. III. Art. IV. n. 117. 



REMOTE MATTER OF THE SACRAMENT OF PENANCE 47 

given by the Church only to those who make a definite accusa- 
tion.^^ Though, adds Laymann/*^ no one is bound by any law 
to confess venial sins, yet whoever wishes to receive sacramental 
absolution must accuse himself at least of some venial sin, in 
specie.^'' Suarez says, and rightly, that the validity of such an 
accusation may be defended speculatively, but that practically 
it is to be condemned on account of the uncertainty of the matter. 
''I declare, then," he continues, ^Hhat, though we are not strictly 
bound to confess the species of the venial sins, yet, supposing 
that we wish absolution, we are bound to offer certain and definite 
matter. But in case of necessity or where it is impossible to 
make a more definite accusation (as might happen in the case 
of a man who is dying) such matter would doubtlessly be suf- 
ficient." '' 

''Since, then," concludes Lehmkuhl, ''outside the cases of 
necessity or impossibility a vague confession of only venial sins 
does not supply definite matter, it is not sufficient to add it to 
the particular confession in order to have a more secure ground 
for a valid absolution than by the accusation of the smaller sins 
committed since the last confession, unless the confessor from 
previous knowledge of the penitent can decide whether suffi- 
ciently definite matter is presented to him in this vague general 
assertion." ^^ 

In consequence the following rules are recommended in 
practice : — 

^^ At accusare se de venialibus in genere dlcendo v. g. Accuso me de multis 
venialibus, nihil aliud exprimendo, prohabilius non videtur licere extra casum 
necessitatis ; turn quia est contra praxim Ecclesice, turn quia hoc Sacramentum 
est institutum per modum accusationis et Jiidicii, quod per se loquendo fieri debet 
circa materiam saltern in specie certam et determinafam. Mazzotta, 1. c. Tract. 
VT. Disp. I. Q. IV. c. II. Cf. Suarez, Disp. 23, Sect. I. n. 10; Reuter, 
Neoconfessarius, P. II. C. III. Art. 4, n. 117. 

66 De Sacr. Poenit. c. 5, n. 14. 

67 Cf. Mazzotta, 1. c. Tract. VI. Disp. I. Q. IV. c. II. 

68 Suarez, Disp. 23, Sect. I. n. 10. 

69 Lehmkuhl, 1. c. n. 266. 



48 PENANCE AS A VIRTUE AND AS A SACRAMENT 

1. If, in order to secure unquestionably definite matter from 
the past life of the penitent, some sin or other is confessed in 
addition to those committed since the last confession, it ought 
to be done by mentioning the virtue or the commandment 
which was violated. 

2. Some really grave sin ought to be mentioned. 

3. It should not be mentioned out of mere routine, but with 
real sorrow of heart. 

4. Since of late a number of writers defend the mere vague 
accusation on this free matter as valid and permissible ^^ even 
outside cases of necessity, the confessor when unable to get more 
definite matter may acquiesce and grant absolution. 

5. If one desires to derive real spiritual profit from the con- 
fession of venial sins, too great minuteness as well as too great 
vagueness must be avoided; some particular venial sin which 
causes more uneasiness than the rest might be made a subject 
of more especial sorrow and more careful accusation, otherwise 
in many cases the sorrow as well as the accusation and purpose 
of amendment are likely to be too vague, if not completely 
absent. It has been pointed out previously that gross igno- 
rance on the part of the penitent is a reason for taking a very 
general accusation as valid for absolution. 

In practice the confessor should attend to the following 
rules : — - 

In th3 case of a penitent who accuses himself of no sin in 
particular, let the priest inquire whether this be due to the fact 
that the penitent has really not committed any mortal sin, or 
to invincible ignorance, or to a rooted habit of sin which has 
produced in the penitent a darkening of the intellect and a reck- 
lessness with regard to his salvation. If the penitent accuses 
himself of no sin in particular because he is really quite uncon- 
scious of grave trespass, the confessor might suggest to him a 

■^0 Cf. Gury-Ballerini, Compend. Theol. Moral. II. n. 421. 



REMOTE MATTER OF THE SACRAMENT OF PENANCE 49 

few lesser sins such as are usually committed by people in the 
same station of life, and ask if, since the last confession or in his 
past Hfe, he has ever given way to such sins — if, for instance, 
he has offended his neighbor, or been violent, angry, disobedient, 
careless in prayer, etc. If the penitent answers in the affirma- 
tive to one or other of these questions, the confessor should 
excite him to repentance and purpose of amendment, so far as 
he sees it necessary, and then absolve him. If, however, the 
penitent answers all questions with a No, and cannot be induced 
to acknowledge any sin of his past Hfe, further questioning 
should be avoided, and the penitent urged to make an act of 
sorrow for all the sins of his whole life, especially those com- 
mitted against his neighbor, or against obedience, etc. If the 
penitent accede to this, as often happens, in spite of his former 
declaration that he is not conscious of any sin even in his past 
life, the priest should arouse him to sorrow and a firm resolution, 
and absolve him conditionally if the penitent has not received 
absolution for a long time. 

With such penitents there will be reason to suspect that their 
disposition comes from want of knowledge of the most necessary 
truths of salvation. If the priest discover this to be the case — ■ 
as he may by a few judicious questions — • he may not absolve 
him till after instruction in these necessary truths. Ordinarily it 
will be well to instruct him at once before leaving the confes- 
sional, for fear that he should neglect approaching the Sacra- 
ments — a consequence much to be apprehended — or take no 
pains to get instructed. If, however, the priest finds out that the 
cause of the ignorance is a rooted habit of sin, or the insensibihty 
following on certain sins which have so fatal an effect in this 
matter — as, for instance, impurity or drunkenness — he must 
exercise great patience, putting before the penitent earnestly the 
awful consequences of his sinful Hfe, instruct him, and in every 
possible way prepare him with true apostolic zeal to receive 
worthily the sacrament, either immediately or later, if the 



50 PENANCE AS A VIRTUE AND AS A SACRAMENT 

absolution be deferred, and to fulfill his resolutions of making 
an earnest amendment. "^^ 

7. The Form of the Sacrament. 

The form of the Sacrament, ^^in which its power principally 
lies," ^^ consists of the words which the priest utters over the 
penitent : Ego te ahsolvo a peccatis tuis in nomine Patris et Filii 
et Spiritus Sancti, Amen. To these words the custom of the 
Church has added others which have become fixed in the ritual 
and are prescribed, though ^Hhey do not belong to the essence 
of the form and are not necessary for the conferring of the Sac- 
rament." ^^ 

There is no doubt that the words Ego te ahsolvo, or te ahsolvo 
simply (since the pronoun Ego is contained in the verb ahsolvo), 
belong to the essence of the form. These words are de essentia 
formce, because, as St. Thomas says,^^ they signify the virtus 
clavium et totum Sacramenti effectum. 

According to most theologians the words a peccatis tuis do 
not belong to the essence and the vahdity of the Sacrament; 
for this view we may quote St. Thomas and the authority of 
the Roman catechism, which says: ^'The form is: Ego te ah- 
solvo.^'' The words a peccatis tuis are sufficiently indicated by 
the accusation of the penitent and the act of the priest who 
gives absolution. Other theologians, however, maintain that 
these words are essential, arguing that since Christ in institut- 
ing the Sacrament used the words, ^^ Whose sins you shall for- 
give," the remission of sins ought to be expressly mentioned. 
Though the first view is the more probable, the words ought not 
to be omitted in practice, since in the conferring of the Sacra- 
ments the safer opinion should be followed. ^^ 

'1 On this matter see the eminently practical hints of Renter in his 
Neoconfessarius, 1. c. n. 117. Cf. Lehnikuhl, 1. c. nn. 266, 267. 
72 Trident. Sess. XIV. cp. 3. 

78 Trident. 1. c. ^4 ni. Q. 84, a. 3. 

75 S. Alph. Lib. VI. n. 430, Dub. 2 ; Ballerini, Op. Theol. Mor. 1. c. n. 32. 



THE FORM OF THE SACRAMENT 51 

If the words ahsolvo a peccatis tuis were used, omitting the 
word te, the form w^ould still be probably vahd, since te is suffi- 
ciently imphed in the word tuis ; in practice, however, this view 
ought not to be taken, but the safer opinion followed. "^^ The 
absolution would certainly be invahd if the priest said only 
ahsolvo, because the object of the absolution is not indicated 
and the sense is indefinite.''^ 

The words In nomine Patris et Filii et Spiritus Sancti, Amen, 
are certainly not of the essence of the form, since Christ in insti- 
tuting the Sacrament made no reference to the Blessed Trinity ; 
they are, however, most appropriately added to express that 
the priest absolves from sin by the authority and power of 
God.^« 

In cases of necessity absolution may be given by the same 
priest to many persons at the same time, while he says. Ego vos 
ahsolvo a peccatis vestris; thus, for instance, soldiers may be 
absolved at the beginning of a battle. As many Sacraments 
are conferred as there are persons absolved, if they give any 
token of sorrow and in some way confess their sinfulness, '''' 

The Rituale Romanum prescribes how a priest should give 
absolution, and, as it is the official book of the Church, he is 
bound to follow its directions. Any unauthorized change 
would be a sin because it is a breach of the commands of the 
Church; indeed the confessor would sin grievously if he wished 
to introduce any change into the form of absolution. 

^^ When the priest is about to give absolution," is the direction 
of the Ritual, ''after imposing a penance on the penitent and the 
latter having accepted it, let him say : Misereatur tui omnipo- 

76 S. Thorn. III. Q. 84, n. 1 ad 3. Cf. Mazzotta, Theol. Moral. Tract. VI. 

■^" The S. C. de Propag. Fid., being asked if a baptism is valid in which 
te is omitted from the form, replied (July 5, 1841) : Nan valere baptisma, 
ideoque iterandum. The same holds for the Sacrament of Penance. 

78 S. Thorn. III. Q. 81, n. 1 ad 3. Cf. Mazzotta, Theol. Moral. Tract. VI. 
Disp. II. Q. IV. c. 1. 

'9 Lugo, 1. c. Dist. 13,- Sect. 7 ; Lacroix, 1. c. Lib. VI. P. 2, n. 645, etc. 



52 PENANCE AS A VIRTUE AND AS A SACRAMENT 

tens Deus et dimissis peccatis tuis perducat te ad vitam ceternam. 
Amen. Then he raises his right hand over the penitent and 
says : Indulgentiam, absolutionem et remissionem peccatorum 
tuorum trihuat tihi omnipotens et misericors Dominus. Amen. 

" Dominus noster Jesus Christus te ahsolvat, et ego auctoritate 
ipsius te absolvo ah omni vinculo excommunicationis {suspen- 
sionis) et inter dicti in quantum possum et tu indiges. Deinde ego 
te absolvo a peccatis tuis in nomine Patris *i* et Filii et Spiritus 
Sancti. Amen. 

"li the penitent is not a cleric, the word suspensionis is 
omitted." Then follows the prayer: " Passio Domini nostri 
Jesu Christi, merita heatoe Marice Virginis et omnium Sanctorum, 
quidquid boni feceris et mali sustinueris, sint tibi in remissionem 
peccatorum, augmentum gratice et prcemium vitce ceterncB. Amen.^' 

If there are many penitents to be heard and in urgent con- 
fessions, the Misereatur and Indulgentiam may be omitted and 
simply the Dominus noster, etc., said. The prayer Passio Do- 
mini, etc., may also be left out.^'' It is recommended, how- 
ever, not to omit this last prayer, because by virtue of it (so 
teaches St. Thomas) the good works of the penitent acquire 
the character of sacramental satisfaction, and a share in the 
merits of Christ as well as those of our blessed Lady and of 
the saints.®^ 

"In cases of pressing necessity, in danger of death, the priest 

80 Cf. Deer. S. R. C. Feb. 27, 1847. 

81 Cf. Stotz, Tribunal Poenitentiae, L. II. Q. III. art. 1, § 1 ; Lehmkuhl, 
1. c. n. 268 : etiam in frequentloribus confessionibus expedit nan omittere. 
Though Tappehorn in his Anleitung zur Verwaltung des heiligen Buss- 
Sacramentes, third edition, p. 67, suggests that when, in accordance with 
the permission of the Roman Ritual, the prayer is omitted, it may be said 
after the last confe-sion over all those who have confessed, as at the first 
absolution (m confessionibus frequentioribus^ the prayers Misereatur and 
Indulgentiam (the plural vestri, vestris, etc., being used) may be said over all 
who are present, we must observe that the Roman Ritual mentions nothing 
about this practice. Holzmann recommends that the Passio Domini nostri, 
etc., should be said as the penitent leaves the box. 



THE FOBM OF THE SACRAMENT 53 

may simply say: Ego te ahsolvo ah omnibus censuris et peccatis 
in nomine Patris *h et Filii et Spiritus Sancti. Amen J' 

Such is the form of absolution according to the prescription 
of the Roman Ritual. The confessor is at liberty to make use 
of the above abbreviations under the circumstances mentioned. 
It would be very wrong to attempt to put in all the prayers, if 
there were danger of a man dying without receiving absolution; 
in this case the priest must use the shorter form given by the 
Ritual. «' 

The priest will be more eager to carry out the directions of the 
Church if he reflects on the meaning of the prayers which pre- 
cede and follow the absolution ; the former constitute an admi- 
rable preparation for that great act of mercy, the latter a most 
appropriate crowning of the same; all secure a special help for 
the penitent. Even the blessing which, according to some 
rituals, the priest is enjoined to give with the words : Dominus sit 
in corde tuo et in labiis tuis ut digne et competenter (or rite) con- 
fitearis peccata tua. In nomine Patris *b et Filii et Spiritus 
Sancti. Amen, is important. The accusation of so many sins 
is a heavy burden to the penitent; false shame and the devil 
will unite to deter him from a sincere accusation; and so the 
priest prays that the Lord with His grace may so act on the 
heart of the penitent that with sincerity and contrition he accuses 
himself of what burdens his conscience. In the Miser eatur the 
priest prays that God may grant in His mercy remission of the 
sins which the penitent confesses, and give him eternal life 
(anticipando by sanctifying grace, and perfectly in the next 
world). The Indidgentiam contains the same petition for '^ grace, 
absolution, and remission," of sins confessed and of all others; 

^2 It is not (le necessitate to raise the hand at the hidulgentiam, to make 
the sign of the cross at the in nomine Patris, etc., or to uncover the head in 
giving the absolution ; and distinguished authors maintain that it is not 
sinful to omit these ceremonies ; it is advisable, however, in this matter to 
conform to custom. Scavini, Theol. Moral. Universa, Tom. IV. n. 76. 



54 PENANCE AS A VIRTUE AND AS A SACRAMENT 

it is not meant as a mere repetition, as a sort of compliance 
with Our Lord's counsel of insisting on the first petition; but 
in the repetition of the synonyms the priest is no doubt intended 
to plead for God's mercy and power that the penitent may have 
complete forgiveness of sin. This perfect forgiveness includes 
also the remission of the temporal penalties, since these, as the 
reliquice peccatorum, are so intimately connected with the sin 
itself that in early Christian times they were briefly included 
under the category of peccata, and the Church, in the so-called 
general absolution given on the occasion of a plenary indulgence 
of temporal punishment, still uses the formula indulgentiam 
plenariam et remissionem omnium peccatorum tihi concedo. 

Then the priest goes on to reconcile the penitent to the Church 
by the removal of all censures which close the door to the Sac- 
raments and other means of grace. This absolution from cen- 
sure should always precede that of the sins as a measure of 
precaution even when no sins involving censure have been con- 
fessed. The Church insists on this, and many moralists teach 
that the confessor by omitting this absolutio a censuris would, 
commit a venial sin by his disobedience to the command of the 
Church. Even in cases of the most pressing urgency the priest 
should use the form : Ego te ahsolvo ah omnibus censuris et pec- 
catis in nomine Patris, etc.^^ St. Alphonsus does not regard 
this omission as a sin if the priest uses the formula of absolution 
with the intention of absolving from censure as well as sin, and 
he argues from the words of the Council of Trent, which says 
only that this clause is added laudabiliter.^"^ If, however, a 
penitent has incurred a censure and the priest first absolves 
from the sin and afterwards from the censure, such inversion 
of the order would be matter of grievous sin when the censure 
is excommunication debarring from the reception of the Sacra- 
ments; not, however, in the case of suspension or interdict. 

S3 Rt. Rom. De Sacram. Poenit. 

84 Sess. XIV. cp. 3. Cf . S. Alph. n. 430, Dub. 4. 



THE FORM OF THE SACRAMENT 55 

This inversion would also be a grievous sin even if the priest 
intended to absolve from both sins and censures, although 
in this case the words absolvo te a peccatis tuis can be understood 
of the absolution from censures on account of the intimate con- 
nection between the two/^ Such an absolution, therefore, 
would be valid though given in defiance of the Church's pre- 
scription, for the censure does not affect the validity but only 
the lawfulness of the absolution. ^^ 

The penitent must be present and the absolution pronounced 
over him by the confessor if it is to be valid. This is abun- 
dantly clear from the divine institution of the Sacrament, from 
the practice of the Church, and from a decree of the Head of 
the Church. Hence the absolution cannot be given in writing 
nor by signs. According to the teaching of the Councils of 
Florence and Trent the form of this Sacrament, as of all the 
others (except that of matrimony, where a mere sign of consent 
is sufficient), is in the words which the priest must pronounce 
and articulate over the penitent. The Sacraments owe their 
institution to Christ ; for, though matrimony existed as a divine 
institution before His coming, it was sanctified by Him and raised 
to the dignity of a means of grace in His Church. The essential 
rites of the Sacraments were defined by .Christ, and we learn 
them from Scripture or tradition. We know from a uniform 
tradition that the form of all the Sacraments except matrimony 

85 Cf. Aertnys, 1. c. cp. IV. art. 1 ; Mazzotta, Theol. Moral. Tract. VI. 
Disp. II. Q. IV cp. I ; Stotz, 1. c. L. II. Q. III. art. 1, § 1, n. 215; Lehmkuhl, 
1. c. Sect. I. cp. III. § 3, n. 270. 

8^ The word Delude which connects the absolution from censures with 
that from sins appears, from the latest edition of the Roman Ritual as 
revised and approved by the S. R. C, to belong to the form (cf. Edit. I. 
post typicam Ratisbou, 1888, specialiter a S. R. C. recognita) ; formerly the 
word was printed in red and regarded as a rubric (cf. Edit. Romse ex 
typogr. Prop. 1876). As to %\\q forma deprecatoria which, according to Frank 
(Bussdisciplin), was in use till the twelfth century, see Frank, B. 5, K, 4 ; 
Morinus, De Pcenitent. ; Binterim, Denkwurdigkeiten, Bd. 5, Teil 1, K. 6, 
§ 3 ; S. Thorn. III. Q. 84, a. 3 ; Lehmkuhl, 1. c. n. 269, nota 2. 



56 PENANCE AS A VIRTUE AND AS A SACRAMENT 

consists essentially in words articulated by the lips; as for the 
Sacrament of Penance, the evidence is clear as well from the 
actual use prescribed in all penitentials and from the teaching 
of the Fathers, as from the decree of Eugenius IV to the Arme- 
nians. 

It is not, however, necessary that the words of absolution 
should be heard by the penitent or others; in fact it is recom- 
mended to say them in a low voice, so that, in case absolution is 
for some reason withheld from a penitent, others may not know 
of it. 

The fact that the absolution should be pronounced in words 
requires as its complement that the penitent should be present, 
for the words Ego te absolvo are not such as we would address 
to a person when absent, but thus we speak to one who is nigh. 
The form must certainly be apphed to the matter actually 
present ; moreover, according to the Council of Trent the sinner 
should present himself before the tribunal as the accused. This 
is quite clear, too, from the constant tradition of the Church, 
in which all penitentials contain a form which is pronounced 
over one who is present, and either explicitly require the imme- 
diate presence of the penitent before the confessor or evidently 
suppose it; nor do we find in the whole of antiquity any clear 
instance of a sacramental absolution pronounced over an absent 
person; 

A confession, therefore, made to a priest by writing or by 
messenger is invalid if the absolution is given to the penitent 
in his absence. Moreover, the absolution is illicit and invalid 
if given to an absent penitent even though the confession has 
been made by him in person to the priest. Further, too, the 
absolution is illicit and invalid which is given to a present peni- 
tent who has not confessed in person to the priest — if, for 
instance, the confession has been by letter; exception is made 
for the case where the penitent presents himself to the priest 
and for some good reason accuses himself only in general of sins 



THE FOIUI OF THE SACRAMENT 57 

about which he has informed the confessor by letter, if the 
latter at the time of the confession retains a knowledge of the 
sins in particular. ^^ 

The prcesentia moralis of the penitent is sufficient for absolu- 
tion. This condition is satisfied if the priest and the penitent 
are sufficiently near to hear one another when they speak in an 
ordinary tone of voice, though cases may occur where the voice 
must be exerted a little more than is usual. ^® In general greater 
proximity is required for valid absolution than is demanded 
for hearing a preacher or for satisfying the obligation of hearing 
Mass.'' 

St. Alphonsus declares with respect to this subject that Tam- 

^■^ With regard to this matter Clement VIIT in Const, data d. 20 Jun. 
1602 condemned the following proposition: It is permitted to confess one's 
sins to an absent confessor by means of a letter or a messenger, and to 
receive absolution from the same confessor though still absent. Moreover, 
he forbade under pain of excommunication any one to teach this doctrine 
or to make use of it as a probable opinion. The condemnation of this 
proposition by the Pope involves evidently an absolute command, and the 
conclusion is fairly drawn that the confession made to an absentee, as well 
as the absolution given to an absentee, are both illicit and invalid ; otherwise 
one might in a case of extreme necessity allow the practice. The Clemen- 
tine decree is to be taken not only collectively, that is, as legislating for the 
case where both confession and absolution are conveyed by absentees, but 
also disjimctivebj, that is, as legislating for the case where confession has 
been made to an absentee, the absolution being given when the penitent 
presents himself, and vice versa. This was decreed by Paul V, July 14, 
1605. More information may be found in Palmieri, Tract, de Poenit. pp. 
141-143 (Rom. 1879). Cf. Renter, Neoconfessar. P. 1. n. 31 ; Muller, 1. c. 
L. III. T. II. § 132; Ballerini, Op. Theol. Mor. 1. c. cp. I. n. 32 s. Absolu- 
tion from censure, apart from the absolution from sin, may be conveyed by 
writing and the presence of the penitent is not required ; similarly censures 
may be inflicted on one who is absent. Without grave necessity, however, 
the absolution from censures ought not to be given in the absence of the 
penitent. S. Alph. L. VII. n. 117. 

88 S. Alph. 1. c. n. 429. 

89 Though all theologians agree in requiring the moral presence of the 
penitent for valid absolution, they vary in assigning the limits of that pres- 
ence. Many theologians suppose that a penitent stationed at twenty paces 
from the priest may be regarded as morally present ; this distance is thought 
by St. Alphonsus to be too great. 



58 PENANCE AS A VIRTUE AND AS A SACRAMENT 

burini is justified in rejecting the view of Leander, who holds 
that the moral presence is secured if the priest sees the penitent 
or is sensibly aware of his presence.^^ A man may be seen at a 
distance at which it would be impossible to hold speech with 
him in the usual manner or even by raising the voice. If in 
case of necessity absolution must be given at a distance, it 
should be given sub conditione. 

Hence to secure the validity of the absolution it is required 
(1) that the confessor and the penitent should not be in rooms 
which are in no way connected; and if (2) they are in the 
same room, they should not be too far apart, certainly not 
more thp.n twenty paces; if the distance is notably less, there 
need be no misgiving about the validity of the absolution; 
finally (3) the required proximity is secured if the priest 
knows that the penitent is present. 

(a) If the penitent has already left the confessional but is 
still close by the confessor, he may and ought to be absolved, 
even, according to Lugo, Tamburini, and others, if he be so 
merged in the crowd that he cannot be seen; the confessor 
must, however, be certain that he is not or cannot be far off; 
for the penitent is still morally present and has the desire of 
receiving absolution. The penitent ought, however, to be 
recalled if this can be done without causing disturbance or 
remark. 

(6) If, through fear of infection or for other reasons, the 
priest cannot enter a sick-room, he may validly absolve the 
penitent from the window or the door.^^ 

(c) If at a distance a priest sees some one falling from a 
height or into the water, or if he knows that some one is buried 



90 S. Alph. 1. c. VI. n. 429. 

91 The priest is, however, strongly advised not to be too nervous in exer- 
cising his office for a penitent struck down by an infectious disease ; confi- 
dence in God joined to a little prudent foresight and courage will be more 
useful to him than a cowardly nervousness. 



CONDITIONAL ABSOLUTION 59 

under the ruins of a building, etc., he should give absolution 
conditionally.*^^ 

Absolution must, under ordinary circumstances, be given 
absolutely ; for weighty reasons it may and ought to be given 
conditionally (conditione) . 

8. Conditional Absolution. 

It is the unanimous teaching of ah theologians that in certain 

cases, for weighty reasons, the Sacraments may be administered 

^2 Cf . Reuter, J^eoconfess. 1. c. n. 31 ; Scavini, Theologia Moralis uni- 
versa, Tom IV. n. 77; Miiller, 1. c. § 132; Aertnys, 1. c. Lib. VI. Tom. V. 
cp. IV. 11. 215, Q. 6. In accordance with tliis teaching we must solve the 
question raised whether absolution given by telephone is valid. (Aloys. 
kSabetti, S.J., in CoUegio SS. Cordis ad Woodstock, Th. Mor, Prof., Compend. 
Tlieol. Moral. Gary ... ad brevioreni formam redactum, etc. Benziger, 
1884; Alphoiis. Eschbach e Cong. S. Spiritus et Jnim. Cord. M. Rectoris 
Sem. Gall. Romse, La Confession par telephone ; Melata, Manuale Theol. 
Moralis, De Poenit. cp. 11. art. I.) It is certain that the use of the telephone 
for giving absolution is extra casum necessitatis a grave sin because it intro- 
duces into the administration of the Sacraments a practice which is novel 
and liable to misuse. The case is limited to the question whether in 
urgent need the use of such a method can be tolerated — if, for instance, a 
member of a secret society, seized with a dangerous illness and anxious to 
be reconciled with the Church, but debarred by his associates from the sight 
of a priest, could make use of the telephone placed in his room to call up a 
friendly priest and make his confession to him and receive absolution 
through the telephone. Eschbach, in his work mentioned above, teaches 
that such an absolution is quite invalid. Sabetti acknowledges that the 
solution of the question involves many difficulties, and that it ought to be 
submitted to the decision of the Holy See; he appears, however, to incline 
to an affirmative answer. He says : Though it is true that moral presence 
and a connection between matter and form are necessary in every Sacrament, 
yet this exigency varies. Since Penance has been instituted on the lines of 
an earthly tribunal, in which judge and accused must be so far present to 
one another as to be able to speak together, the absolution in the given case 
cannot be said for certain to be invalid, since one might always argue that 
the priest and the penitent could speak together. Against this, it may be 
objected that the illustration of an earthly tribunal is not quite applicable, 
since here the presence of the accused is not necessary, for he may be con- 
demned in contumaciam. To the question whether in casu extremce necessita- 
tis dari possit ahsolutio per teleplionium ? the Poenitentiaria replied, July 1, 
1884: Nihil esse respondendum. — Bucceroni, Enchiridion Morale (Romse, 
1887), p. 119. 



60 PENANCE AS A VIRTUE AND AS A SACRAMENT 

conditionally, and, what is more, must be so administered. 
With regard to Baptism and Extreme Unction this is pre- 
scribed by the Roman Ritual, with regard to Confirmation 
by Benedict XIV, with regard to the Holy Eucharist, where 
a doubt exists as to the validity of the consecration, by the 
Rubrics of the Mass, and with regard to Orders by the 
S. Congregatio Concilii.^^ 

The question now under consideration is whether the Sacra- 
ment of Penance given conditionally is valid. 

Many theologians were of opinion that a conditional absolution 
was opposed to the judicial character of this Sacrament. They 
argued that the conditional form was not judicial, and in partic- 
ular would not admit a condition loith regard to law (conditio 
juris), on which the confessor was bound to pronounce judg- 
ment (e.g. if thou art prepared, disposed, etc.), whereas they 
permitted a condition with regard to the fact {conditio facti) {e.g. 
if thou art alive). This distinction is, however, irrelcA^ant; for 
even though the question of the penitent's disposition be left 
undecided, still the priest judges (1) of the sins which have been 
confessed, and (2) gives his sentence on the apparent worthiness 
and preparation of the penitent and the penance to be imposed ; 
and (3) judges on the advisability of conferring conditional ab- 
solution or not, according to the effect it will have on the peni- 
tent. In any case, the argument from the difference which a 
conditional sentence would create between a human court and 
the sacramental tribunal proves nothing, since the two courts 
differ in many points.^* It is to be particularly noted that 
the sentence of an earthly court is always carried out ; while the 
effect of the sentence which the priest pronounces in the divine 
tribunal always depends on conditions known only to God, so 
that the priest's sentence is always conditional even when it is 
pronounced in an absolute form. A conditional sentence is in 

93 Scavini, Theologia Moralis Universa, Tom. III. n. 479 (Ed. Par. 18G7). 

94 Cf. Gury, II. 1. c. n. 432, 2 ; Ballerini, Op. Theol. Mor. 1. c. cp. I. n. 27. 



CONDITIONAL ABSOLUTION 61 

no way inconsistent with the nature of a judicial judgment either 
in general or in the Sacrament of Penance. 

Lehmkuhl enlarges on this point :^^ ^^It is not repugnant in 
a civil tribunal for a judge to give sentence with a condition like 
the following, for instance : ^ If payment be not made by a cer- 
tain date/ or to grant a hearing to a plaintiff ^provided that 
such or such document be found among his papers/ which docu- 
ment, of course, he will order to be searched for by trustworthy 
men. Indeed, every sentence of a human tribunal, whether in 
civil or in criminal causes, is seldom pronounced without the 
implicit condition ' if the evidence of the witnesses be true ' ; for 
unless it rested upon this supposition and condition, the sen- 
tence would be unjust and consequently null, more especially if 
pronounced by any but the supreme authority." 

Thus the sacramental sentence always presupposes that the 
penitent is telHng the truth and has real sorrow; under such 
circumstances the confessor may be mistaking even when he 
thinks he is certain, all the more so as the sacramental sentence 
is pronounced always ministerially, and, in order to be efficacious, 
must be in accordance with the sentence of God. This, how- 
ever, is no impediment to the absolution being for the most part 
pronounced absolutely both as to form and intention. This the 
confessor must observe as long as he has no sohd ground for 
thinking that his judgm3nt is not in accordance with God's; for 
a condition which rests only on a possibility or on a groundless 
suspicion is practically not worth considering and ought not to 
be acted upon; in reality it is quite sufficiently implied in the 
nature of the case. 

If, however, for some good reason it is to be feared that the 
judgment of the confessor is different from that of God, while 
the pressing necessity of the case, or the good of the penitent 
requires that absolution be given even though doubtful, rever- 
es Lehmkahl, P. 11, L. I. Tr. V. Sect. I. n. 272. 



62 PENANCE AS A VIRTUE AND AS A SACRAMENT 

ence for the Sacrament demands that the condition be added 
explicitly in word, or at least in the mind, so that it amounts to 
a protest on the part of the priest that where the condition is in 
default he withdraws his intention of pronouncing the sacred 
words of absolution in the person of Christ. 

The opponents of conditional absolution urge in favor of their 
view the proposition that in doubt about the vahdity of the Sac- 
raments the safer opinion must be followed. With regard to the 
vahdity of conditional absolution there is no doubt, since the 
views of its opponents have no probabihty either intrinsic or 
extrinsic. Moreover, it is not true that the safer opinion with 
regard to the vahcUty of the Sacraments is always to be followed ; 
for, since the Sacraments were instituted for man's benefit, cases 
occur in which the Sacraments must be exposed to the danger 
of nuhity, in order to help one who is in extreme spiritual neces- 
sity. An instance in point would be the case of a dying man 
whose dispositions are doubtful. To let him die without abso- 
lution would surely expose him to the certain danger of dam- 
nation. Supposing he were in good dispositions, whatever 
misgivings I might have on the subject, should I not be re- 
sponsible for his damnation ? I might have opened the gates of 
heaven to him and I have not done it ! Am I then to absolve 
him without any condition ? But supposing he is not disposed ; 
even if the Sacrament were not nullified, I should be guilty of 
having exposed it to the clanger of invalidit3^ From such a di- 
lemma the only escape is the use of conditional absolution ; by 
it I can help the dying man if he is in good chspositions, and I 
insure the Sacrament against nullity when I have the intention 
of not conferring it unless the man be disposed. ^^ 

Hence theologians teach that absolution given suh conditione 
is vahd if the condition be fulfilled; the condition, however, 
must be de prcesenti or de praierito; absolution given under a 

96 Cf. (iurv, II. n. 434. 



CONDITIONAL ABSOLUTION 63 

Qonditio de futuro would be invalid, for in a conditio de futuro the 
minister of the Sacrament has no intention of conferring the 
Sacrament kic et nunc; his intention would rather be to confer 
the Sacrament when the condition will have been fulfilled; by 
that time, however, the matter is no longer present which for 
the vahdity of the Sacrament must be joined to the form. On 
the other hand, the Sacrament may be vahdly given under a 
condition de prcesenti or de prceterito, because the intention is 
absolute if the condition is fulfilled; if not fulfiUed, the inten- 
tion of administering the Sacrament is wanting, so that the 
Sacrament is not exposed to irreverence. In this case the con- 
ditional intention passes into an unconditional one, i.e. becomes 
absolute. But the conditional intention is efficacious for vahd- 
ity only if the condition is completed or satisfied at the moment 
when the matter and form of the Sacrament are brcmght to- 
gether. The absolution would also be vahd if it were given with 
the condition: "if you are alive, if you are baptized, if you are 
present, if you really intend to make restitution" ; while an ab- 
solution would be invalid if given under conditions such as, "if 
3^ou are predestined, if it be in the mind of God that you will 
make restitution this year," since such knowledge is withheld 
from men. Finally, an absolution given with the condition, ^^if 
you are going to improve," would also be invalid. ^^ 

It is also allowed to give absolution suh conditione when there 
is just reason for so doing; and in case of necessity the priest is 
bound under mortal sin to give conditional absolution. ^^ 

The view of some theologians is to be condemned who hold 
that one may impart conditional absolution for any insignificant 
reason, or without urgent need, or in any doubt of the requisite 
dispositions even in a penitent burdened with mortal sin. This 
is a doctrine which bears too openly the stamp of laxity, and it 



Cf. S. Alph. 1. c. Lib. VI. n. 25; Stotz, 1. c. L. TT. Q. IIT. art. T. § -i. 
Cf. Declar. S. Inquis. 17 Juui 1715, 17 Dec. lbC)8, 20 Jul. 1859. 



64 PENANCE AS A VIRTUE AND AS A SACRAMENT 

is pernicious to souls. What a number of sacrileges would fol- 
low from such a practice ! The confessor would be no longer a 
faithful and prudent minister of the Sacrament, he would be 
casting pearls before swine, and by his too easy compUance 
in giving absolution he would imperil the souls of his peni- 
tents.^' 

On the other hand, we cannot admit the teaching of those 
theologians ^^^ who hold that absolution suh conditione is per- 
mitted only in extreme necessity or in great danger. 

A sufficient reason for imparting absolution under condition 
would be in the case where unconditional absolution would ex- 
pose the Sacrament to danger of nullity on account of a reason- 
able doubt of the existence of some one or other of the requisites 
for the validity of the Sacrament, and where at the same time 
by putting off the absolution the penitent would be exposed to 
danger of real spiritual harm. 

From what has been said we gather that in the following cases 
absolution may be given suh conditione : — 

1. If the priest doubt whether he has absolved a penitent who 
has confessed a mortal sin. 

2. In doubt whether the penitent in question is morally 
present. 

3. In doubt whether the penitent is alive or already dead. 

4. If the priest doubt (duhio jacti) whether he has jurisdic- 
tion, and the confession must be made ; in such a case the con- 
fessor must tell the penitent that he has given absolution only 
suh conditione, so that if proof be forthcoming later on that juris- 
diction was wanting, the penitent will know that he has not been 
absolved and must accuse himself again of the mortal sins men- 
tioned in that confession. If the doubt turn on the question of 
law (duhium juris), i.e. on a point where theologians do not 



99 S. Alph. 1. c. n. 432, etc. 
^°° Colletus, " acerrimus probabilismi impugnator. 



CONDITIONAL ABSOLUTION 65 

agree whether absolution can be given in such a case, the absolu- 
tion may be pronounced without any condition/^^ 

5. In doubt whether the matter be sufficient : this may hap- 
pen (a) when an adult is baptized sub conditione and is to be 
absolved at the same time; and (h) when a penitent declares 
only some imperfections, and there is doubt whether they are 
really venial sins, and when the same penitent can offer no cer- 
tain sins of his past life. To such a penitent absolution may, 
according to a probable view, be given at intervals, so that he 
may not be deprived for long of the benefits of the Sacrament 
of Penance ; absolution in such cases ought not to be given more 
than once a month. For the same reason absolution can be 
given sub conditione when the penitent, unable to present cer- 
tain matter from his past Hfe, has only sins of less moment to 
confess and there is doubt as to the existence of sorrow for such 
sins.^^^ Moreover, if the penitent offer no certain matter, the 
confessor is not bound to inquire for it in order to give abso- 
lution, and after making vain inquiry he is not obliged to give 
absolution sub conditione, since the penitent in such case has no 
sure claim to it. 

If, however, any doubt exists as to the presence of necessary 
matter, or whether a sin confessed along with the imperfections 
be mortal or not, for which, however, the penitent is certainly 
contrite, then absolution under condition must be given. 

6. In doubt whether the necessary dispositions with regard 
to mortal sin are present conditional absolution may sometimes, 
though not always, be given; it must be given when urgent rea- 
sons counsel such a step. For instance : — 

(a) To those who are in danger of death, from whatever cause. 

(6) When the penitent honestly thinks he is well disposed, 

and when the confessor fears that if absolution be refused or put 

i°i Aertnys, 1. c. art. II. n. 217 ; Concina, according to the testimony of 
St. Alphonsus, in severas sententias generatim deflectens. 
102 Lehmkuhl, 1. c. n. 273. 



66 PENANCE AS A VIRTUE AND AS A SACRAMENT 

off, the penitent may fall into worse ways or be frightened away 
from the Sacraments, or that he will certainly receive some other 
Sacrament, as, for instance. Marriage or Confirmation, in an 
unworthy state. 

Finally, conditional absolution may be given to children and 
others of whom it is doubtful whether they possess sufficient use 
of reason or the necessary knowledge of the truths of faith. 
These may receive conditional absolution not only when in dan- 
ger of death, but also when they have to fulfill the law of the 
Church, and especially if they have confessed a sin which is 
doubtfully or probably mortal; they must be so absolved even 
if they are relapsing sinners, for while in doubtfully disposed 
penitents who have the full use of reason absolution must be de- 
layed, since hopes may be entertained that they will return bet- 
ter disposed later, in the case of children or feeble minded no such 
hope can be well entertained. Indeed, according to a probable 
view such penitents may receive conditional absolution at inter- 
vals of two or three months, when they confess only venial sins, 
that they may not go for any considerable time without the 
grace of the Sacrament. The confessor is, how^ever, obliged to 
instruct children and feeble-minded persons and to dispose them 
for absolution. ^°^ 

We answer some objections urged against the doctrine 
that in the cases mentioned absolution may be given condi- 
tionally. 

1. This practice is full of danger and is the cause of many sins. 
The practice is full of danger, it is true, if absolution is given 

indiscriminately without necessity or some special reason; if, 
however, the rules given above are observed, it is no longer 
dangerous or harmful. 

2. It is further objected that a penitent conditionally absolved 

103 S. Alph. 1. c. n. 432 ; Lacroix, L. VT. p. 2, n. 1797; Mazzotta, Theol. 
Moralis, Tract. lY. Disp. IT. Q. TV. cp. II. ; Ballerini, Op. Theol. Moral. 
1. c. cp. I. n. 27; Aertnys, 1. c, art. IT. n. 217 ; Lehnikiihl, 1. c. n. 273 ; Gnrv, 
1. c. ir. n. 43.5. 



CONDITIONAL ABSOLUTION 67 

will approach the altar and make a sacrilegious communion, a 
risk not to be incurred hghtly. 

The confession of such a penitent is not sacrilegious, hence the 
communion is not; for, by supposition^ the penitent is in good 
faith. At the worst the communion would be without fruit or 
profit; nor can we say that the communion is quite useless, for 
its reception is an occasion for eliciting different acts of virtue. 
Indeed, according to the common teaching on this subject, the 
communicant who receives in mortal sin and with imperfect 
contrition, yet in good faith, is placed thereby in a state of 
grace. To make an act of imperfect contrition should not be 
a great difficulty, since holy communion usually arouses pious 
emotions of love and sorrow in those who approach in good 
faith. 

3. It is likewise objected that a conditionally absolved peni- 
tent will never confess his sins again, and if he is not rightly 
disposed will die in his sins. 

It may be rephed that doubtfully absolved sins are remitted 
(a) by the reception of holy communion, as we have already 
shown ; (6) indirectly in the following confession along with the 
other sins which he confesses, even if he were never again to 
submit them to the keys. If it be urged here that the penitent 
might never come to confession again, we should reply that 
such a case is extremely rare and to be treated as quite improb- 
able. On the contrary, the penitent would be exposed to much 
graver risk of his salvation if, in a situation of such necessity as 
we postulate for the giving of conditional absolution, he were to 
be dismissed without it. 

4. Another objection is drawn from the first of the proposi- 
tions condemned by Innocent XI, whence it appears that no 
one may presume to follow a probable opinion in dispensing the 
Sacraments. The conclusion drawn is that no one may give an 
absolution which is doubtfully valid. 

This practice is absolutely forbidden where the validity of the 



68 PENANCE AS A VIRTUE AND AS A SACRAMENT 

Sacrament and the welfare of the individual are endangered by 
such administration of the Sacrament; if, however, necessity or 
soHd reasons demand such practice, it is allowed/*^^ Moreover, 
the proposition condemned by Innocent is concerned only with 
the essential portions of the Sacrament, the vaHdity of matter 
and form in so far as these depend on the minister of the Sacra- 
ment. In our case the matter is presented by the penitent and 
is outside the control of the minister. Otherwise, indeed, peni- 
tents miight often enough be dismissed without absolution, for 
frequently no certainty can be had as to their dispositions, but 
at most a greater or lesser probability. 

5. Finally some would limit the use of conditional absolution 
to cases of the greatest rarity and of most pressing necessity — 
when, for instance, a dying man is quite unconscious or already 
in his agony ; for in any other case it is entirely his own fault if 
he be doubtfully disposed. This is the view of the anonymous 
author of the Letters against the distinguished work of Cardinal 
Gousset : Justification de la doctrine de Saint Liguori}^'" 

This objection is based on several false premises : — 

1. It is untrue that one who is doubtfully disposed is certainly 
indisposed ; it is at least per se untrue, for it is a contradiction in 
terms. 

2. It is untrue that the penitent is always responsible for not 

10^ Compare S. Alph. De Sacram. in genere, n. 28, 29, 57, and De Consci- 
entia, n. 49; Ballerini, Op. Theol. Moral. 1. c. cp. I. 'n. 27: "liaec est se7i- 
tentia certa, licere in necessitate administrare sacramenta sub conditione." 

1^5 He says : " Necessity is but very seldom a ground for giving absolution 
to one who is doubtfully disposed ; for a dying man, with only an instant to 
spare, and in the possession of his faculties, has only himself to blame if he 
cannot produce an act of perfect contrition; it is an article of faith that 
God never refuses the means of salvation if they are asked with confidence, 
and for such a soul perfect contrition is a most necessary condition for sal- 
vation. If, therefore, he has only doubtful contrition, it is his own fault, 
and in such case he is not merely doubtfully, but certainly, unworthy, and 
cannot in consequence be absolved. There remain, then, only the cases in 
which the dying man cannot express his sentiments even by signs, and 
tlien the principle holds: sacramenta propter homines.'' 



CONDITIONAL ABSOLUTION 69 

seeming certainly disposed; for he can be quite prepared with- 
out the confessor -knowing about it ; again, as long as he is not 
certainly unprepared, he may be actually in the proper disposi- 
tions. 

3. Many considerations respecting the penitent's salvation 
may, as we have seen, urge the confessor to decide on giving 
rather than refusing absolution. At times the priest would be 
guilty of the gravest imprudence by putting off the absolution 
till extreme need should arise, when the penitent might be unable 
to avail himself of the Sacrament. ^'Do you w^ish to put off the 
reconciliation of the dying man to his God till the moment when 
he can no longer express his wishes? Will you, in order to 
make the absolution certain, wait till the penitent is at the last 
gasp, so that it is doubtful if he is capable of receiving the Sac- 
rament? ... I repeat, the Sacraments are made for men, not 
men for the Sacraments. By pursuing such a course you would 
act in opposition to Him who out of His mercy gave us the Sac- 
rament ; you would depart from the spirit of the Church which, 
like a tender mother, administers the Sacraments, when you 
maintain that we can only apply the principle of sacramenta 
propter homines in cases where the dying sinner cannot even by 
signs express what is going on in the recesses of his soul."^^^ 

106 Gousset, Lettres a M. le Cure . . . Lettre 8. Cf . Gury, 1. c. II. Tract, de 
Sacram. Poenit. P. I. n. 436-439 ; Ballerini, Op. Theol. Moral. 1. c. cp. I. nn. 
27 et 26, where he signalizes these objections as inanes ohjectiones nonnul- 
lorum, etiam recentiorum in Gallia, qui antiqua prcejudicia janseniana incaute 
ebiherunt. 



Paet II 

THE RECIPIENT OF THE SACRAMENT OF PENANCE, 
OR THE ACTS OF THE PENITENT 

9. Who can Receive the Sacrament of Penance. 

Every man who has fallen into formal sin after Baptism is 
capable of receiving the Sacrament of Penance. Whoever, 
therefore, has not yet been baptized, or, having been baptized, 
has committed no sin since Baptism, is incapable of sacramental 
absolution. All children who have not attained to the use of 
reason are unable to receive this Sacrament; to these we may 
add such adults as cannot make that use of their reason which 
is necessary for disposing them to receive this Sacrament. 

In order that a baptized person may make a valid and fruit- 
ful use of this Sacrament, he must elicit those acts which we 
have mentioned before ; he must be genuinely sorry for his sins, 
be ready to do penance, and submit his sins to the power of the 
keys vested in the Church. These acts form not only the essen- 
tial and necessary dispositions for receiving the Sacrament, but 
— and this is a peculiar feature of the Sacrament of Penance — 
they are also the materia proxiina. The following sections will 
be devoted to the consideration of these acts in their double 
aspect. 



70 



CHAPTER I 

CONTRITION 

10. Extent and Efficacy of Contrition. 

The most prominent position among the acts of the penitent 
belongs to contrition. 

According to the teaching of the Council of Trent contrition 
is a hearty sorrow and detestation for past sin together with a 
firm resolution to sin no more. ^ 

We must investigate more closely the essence of this contrition. 
Contrition is a hearty sorroiv; this sorrow is interior; hence the 
prophet speaks of a rending of the heart (scindite corda vestra! 
— Joel ii. 13), and so contrition is called contritio cordis, a grind- 
ing of the heart. A merely external sho^v of sorrow, the mere 
recital of an act of contrition, is therefore not a true sorrow. 
Moreover, since sorrow is a moral act and all moral acts proceed 
from the will, sorrow must have its roots in the will. 

Many very different things may cause us great grief; for in- 
stance, the death of a dear relation, the loss of earthly goods, 
the failure of our plans and undertakings, the suffering of wrongs 
and affronts, experience of ingratitude and unkindness, a thought- 
less word which one has uttered, a mere breach of etiquette that 
one has committed. Contrition, however, is grief of the soul for 
j)ast sin. 

The sins of others may cause us real and deep feelings of pain. 
What fervent Christian is unconcerned at the many sins which 
are daily committed and the many affronts offered to God ? We 
are pained by them, but we cannot be contrite for them. We can 

1 Sess. XIV. cp. 4. 
71 



72 THE RECIPIENT OF PENANCE 

have contrition only for the sins which we have ourselves commit- 
ted — de peccato commisso, as the Council of Trent expresses it. 

This being the case, sorrow as understood in this connection 
is not to be confused with : — 

(a) Merely speculative sorrow {dolor intellectivus) , i.e., the 
mere knowledge of the hatefulness and horror of sin. Reason 
when not blinded can recognize and must recognize clearly the 
hatefulness and wickedness of sin ; yet in spite of this knowledge 
the will may cling to it and love it; indeed such cases are of 
frequent occurrence. 

(6) Or the feeling of guilt or the remorse of conscience {ter- 
rores conscientice) which Luther taught to be of the essence of 
true sorrow. The feeling of guilt may be present without the 
help of our will, and even against our will. Remorse of con- 
science may be roused in us without our wishing it, and it may 
happen that we cannot allay it even when we wish to do so. 

(c) Finally, the resolve to amend, the resipiscentia, and even 
the giving up of the sin is not of itself true sorrow ; a man may 
forsake his sin merely because he has indulged in it to excess, 
because it has no longer any attraction for him, or because he 
has become tired of it. 

True sorrow is not merely a pain and bitterness of heart; 
it is also a real hatred and horror of sin; but hatred and horror 
are acts of the will, for it is the will which hates and loves, 
shrinks from an object or embraces it. The will may shrink 
from sin at the same time that sensuality makes us crave for the 
sin; the will, however, must not give w^ay to the craving. 

Sorrow and detestation of sin are in themselves distinct, yet 
they are so bound up in man's nature, that, where there is 
detestation there is necessarily also sorrow, so that true and 
efficacious sorrow for sin, as sin, cannot exist without detestation 
of the same.^ 

2 Compare on this subject the lengthy discussions of Suarez, De Poeni- 
tentia, Disp. 3, Sect. 2 ; Lugo, De Poeuitentia, Disp. 4, Sect. 1 ; Renter, 



EXTENT AND EFFICACY OF CONTRITION 73 

As to the question whether contrition hes more in sorrow for 
sin or in detestation of it — in other words, in dishke, hatred, 
and aversion — theologians answer that contrition is founded 
principally on detestation for sin, and with reason, for : — 

(a) By this detestation ^the sinner retracts his evil will and 
turns towards God; this detestation is, moreover, the cause of 
sorrow. When, therefore, it is asserted that the sinner should 
above all have sorrow for his sins, and when by this is understood 
a sorrowful hatred of sin, this is correct, for in this case horror 
of sin is there with its complement. Moreover, we must not 
lose sight of St. Alphonsus' dictum^ that there is no reason to 
doubt that one sentiment includes the other; he who has a 
horror of his sins is sorry for them, and whoever is supernaturally 
sorry for them detests them. 

Since contrition is the most important element in the dispo- 
sition of the sinner, it is proper to give in detail the acts which 
belong to contrition, and to show how the sinner may attain to 
perfect contrition. 

First and foremost, a preliminary act of faith and hope of 
obtaining pardon by the merits of Christ should be made. How 
can he repent of his sins who does not believe that there is a God 
and that God is offended by sin, who does not believe that God 
is faithful to His promises and merciful to sinners, and who does 
not hope that God will pardon him? These acts of faith and 
hope, though they need not be made explicitly, are the founda- 
tions of contrition; on them are built up the remaining elements 
which go to form the perfect act. These are : — 

1. The knowledge of the hatefulness of sin as an offense 
against God, and of the awful punishments which the sinner 

Theol. Moral. P. IV. n. 243 ; and particularly the very lucid exposition 
of Palmieri, Tract, de Poenit. (Roma, 1879) cap. IV. De act. poenit. art. I. 
§ 1, p. 214 sq. 

3 L. c. L. VI. n. 435. Cf. Ballerini, Op. Theol. Mor. 1. c. de Contritione, 
n. 14. 



74 THE RECIPIENT OF PENANCE 

incurs. This knowledge is necessary in order to acquire contri- 
tion, for the law of man's nature makes him love and strive for 
what his reason proposes to him under the appearance of good, 
and hate and avoid what it presents as evil. 

2. An act of the will, which desires to avoid the evil now 
known as such; on this follows: — 

3. The hatred of past sins which have caused that evil, and 
the desire of undoing the sin committed. This desire, in the 
abstract, is only a velleity and quite inefficacious, for that which 
is done cannot be undone; but it is of efficacy in so far as it 
means a wish to undo, if it were possible, the sin by which God 
has been offended and punishment incurred. 

4. From this hatred there arises in the rational appetite or in 
the will a sorrow and real distress that the sins have been com- 
mitted ; hence also follows : — 

5. In the sensitive appetite, by picturing to ourselves the 
horror and evil consequences of sin, a certain hatred and sorrow, 
which may become so keen as to produce sighs and tears. 

6. The resolve and firm determination never more to sin 
and offend God, or, what comes to the same thing, a resolution 
to observe faithfully and perfectly God's commands. 

7. Finally, there appears in the truly repentant sinner a 
willingness to render satisfaction to God for past sins, to chas- 
tise and punish himself, and to repair God'9 honor.* 

Contrition is either perfect or imperfect^ according as the 

4 Stotz, Tribunal Poenitent. Lib. I. P. 11. Q. I. art II. 

5 This is the distinction given by the Council of Trent in Sess. 14, cp. 4 : 
Perfect contrition is very aptly and simply called contrilio in its restricted 
meaning, while imperfect contrition is called attrilio. The figure is taken 
from solid bodies which, when pounded to dust, are confrita, but when 
broken into fragments are attriia. " The heart of man may be compared 
to wood for kindling. By contrition (contritio and attritio) the heart is 
rubbed; as the rubbing is increased, the heart, like wood, becomes drier 
and warmer, till there bursts forth a fiame; this flame is sanctifying grace; 
and just as fire consumes wood, so charity consumes the crushed heart {cor 
contrUuni) and burns out its sin." (Oswald, Die dogmat. Lehre von den 



EXTENT AND EFFICACY OF CONTRITION 75 

sorrow and hatred arise from a motive of perfect love or of some 
supernatural motive which is inferior to perfect love. Since we 
understand here by love (caritas) the amor benevolentice, by 
which we love God above all things for His own sake, i.e. on 
account of His infinite perfections, we may define perfect con- 
trition (contritio) as a sorrow and hatred for past sins together 
with a firm purpose never more to sin, because sin is an injury 
to God, w^ho is loved above all things for His own sake. 

Imperfect contrition (attritio) may be founded on many other 
supernatural motives ; these are usually, as the Council of Trent 
declares, the fear of hell or punishment and the hatefulness of 
sin.^ Thus imperfect contrition may be defined : sorrow and 
detestation of past sin with the determination never more to 
sin, because sin is an offense against God, who utterly abhors 
it on account of its hatefulness and avenges it with punishment. 
The thought of God, the supreme Lord of all, infinitely holy, to 
whom sin is detestable by its shamefulness, fills the sinner with 
confusion ; the thought of God, who punishes sin with infinite 
justice, fills him with fear of the punishments of sin, and, 
impelled by this fear, he repents of having offended God by 
his sin. 

Perfect and imperfect contrition coincide in this respect, that 
they are both a supernatural sorrow and hatred for sin regarded 
as an injury to God; they differ, however, specifically in this, 
that perfect contrition proceeds from perfect love of God, and 
imperfect contrition from a variety of other less noble motives ; 
they also differ in their efficacy.^ 

heilig. Sakramenten, II. Bd. Fiinft. Teil, Zweit. Abschnitt, Erst. Hauptst. 
§ 7, S. 82.) 

^ Lugo, De Poenit. Disput. Y. Sect. 9, n. 132 ; Palmieri, Tract, de Poenit. 
1. c. th. 21, p. 223. 

■^ Since perfect contrition arises from perfect love, it is of great impor- 
tance, after considering the infinite goodness and dignity of God, to make 
an act of love and then an act of sorrow. The synod assembled in 1725 
under Benedict XIII offers a form of contrition which was composed for 



76 THE RECIPIENT OF PENANCE 

11. The Essential Features of Perfect Contrition. 

According to the unanimous teaching of theologians, which 
is based on the Council of Trent, perfect contrition proceeds 
from perfect love. The Council declares that contrition founded 
on caritas is perfect ; that, in consequence, its perfection depends 
on caritas; hence in order to acquire a complete grasp of the 
nature of perfect contrition we must investigate the nature of 
love, its degrees and kinds. 

The love of God, of which only there is question here, has 
for its object God alone, and the motive of this love is similarly 
always God Himself. There are many aspects under which God 
may be presented to us as an object of love, and these aspects 
determine the different degrees of love. First of all there are 
two kinds of this love: pure or disinterested love, amor hene- 
volentice (amicitice), and selfish or interested love {amor concupis- 
centioe). God can be loved because He is most worthy of love, 
because He is good, because He is the highest good. If we love 
God for His own sake because He is most lovable in Himself 
iprout est in se summum honum), we have the first kind of love, 
the pure love of God; if we love Him on our own account be- 
cause He is for us the highest good (prout nobis est summum 

the use of children : " My Lord and my God, who art infinitely good and 
holy, I love Thee above all things and repent with my whole heart of 
having offended Thee so often by my sins. I detest them above all other 
evils. I humbly beg Thy forgiveness, and 1 promise with the help of Thy 
grace never more to offend Thee." (Collect. Lacensis Cone, Tom. I. p. 
458, Fribourg, 1870.) Another form is given by St. Alphonsus: "My God, 
Thou art infinitely good ; therefore I love Thee above all things ; and 
because 1 love Thee I am sorry for all the sins which I have committed 
against Thee, O infinite Goodness. My God, T will never more sin against 
Thee ; I will rather die than offend Thee again." Perfect contrition might 
be aroused also in the following manner : " O Heart of Jesus, most worthy 
of all love, I love Thee above all things, and therefore I am sorry for all my 
sins and detest them above all things, because by them I have offended 
Thee and incuri-ed Thy anger. I am firmly resolved never more to offend 
'rhee." (Muller, Theol. Moral. 1. c. § 112.) 



ESSENTIAL FEAT U BE S OF PERFECT CONTIUTIOA 77 

bonum), we have the second kind of love. The pure love of 
God is called perfect love, the other imperfect. If now w^e con- 
sider more closely the imperfect love of God, we find two de- 
grees. God is here the object of love in as much as He is good 
to man, i.e. on the one hand God confers His benefits on man 
on earth and His everlasting possession in heaven completes 
the happiness of man hereafter, and on the other hand the 
loss of God means to man on earth unhappiness and suffering 
and in the next life the eternal punishment of hell. If a man 
disregards totally the idea of God as a person to be loved and 
keeps in view only his own selfish interests, he evidently loves 
only himself, thinking merely of his own present and future 
well-being, his own joys and sufferings, his own reward and pun- 
ishment. Such a love, which hardly deserves the name, is 
downright selfishness and is rightly called a mercenary love 
{amor mercenarius) . This love corresponds to the fear which 
is called purely servile, timor serviliter servilis, that fear which 
hates only the punishment and not the sin, which cherishes 
the inclination to sin, so that a man would sin if he did not fear 
punishment. Both love and fear of this kind belong to 
the lowest degree and destroy all supernatural merit and 
reward. 

But there is an imperfect love of God in which man's heart 
really turns to God simply because God is good to him, it is true, 
yet so that he loves Him efficaciously and really and regards 
the loss of God as the loss of all good and the greatest of misfor- 
tunes. Since in such a love of God there is mingled a great deal 
of the love of self, so that one love is not present without the 
other, it cannot yet be called the pure love of God, but receives 
a special name, the love of chaste concupiscence, amor castce con- 
cupiscentice. To this love corresponds that fear of eternal pun- 
ishment, which does not exclude the thought of God, which 
fears the punishment of hell because it is the loss of the vision 
of God^ i.e. the pcena damni. This love is called also the amor 



78 THE RECIPIENT OF PENANCE 

spei, because in it the hope of possessing God in heaven, the 
highest reward of all pure souls, is an essential element: 

A higher grade of love, midway between this perfect and 
imperfect love, is called the love of gratitude, amor gratitvdinis, 
in which we love God for the benefits which He has conferred. 
When this love is prompted more by the thought of the gifts 
than the giver, more by the benefit than by the love of the bene- 
factor, it approaches in quality to the love of hope {amor spei) ; 
one reflects on the past, the other on the future. If, however, 
the motive of this love of gratitude directly regards the giver 
and his good will towards mankind, then God is loved with a 
pure love, for God's benevolence and love towards men are 
intimately united with His perfections. This kind of love of 
gratitude may well be classed with pure love or caritas. It is 
a perfect love (1) because God is loved for His own sake, on 
account of His infinite goodness and love and generosity, which 
are identical with God Himself; (2) because it is a benevolent 
love. All love in respect of its object is either selfish or benevo- 
lent; now this love of gratitude is not selfish because it does not 
regard its own profit, nor does it strive to gain anything for itself; 
(3) because it is a love of friendship, for it is a love which wishes 
well to Him who loves us and makes a return of love for love.^ 

A great number of distinguished theologians assert that the 
love of, gratitude is perfect love, and the contrition based on it 
perfect contrition.^ The Council of Trent might be adduced in 
favor of this view, since in Sess. 14, cp. 5, can. 4, it enumerates 
among the motives of imperfect contrition merely the hateful- 
ness of sin and its punishment without the least reference to 
the motive of gratitude. It is of considerable moment to settle 
this point exactly, for, as Deharbe says, ^^a man might never 
know how to elicit an act of perfect contrition if he were to 
form a false notion of perfect love. Who can deny that in 

8 Cf. S. Thomas, II. II. Q. 106, a. 5. 

^ Compare Deharbe, Die vollkoiiiniene Liebe Gott^s, § 6, pp. 189-179. 



ESSENTIAL FEATURES OF PERFECT CONTRFTION 79 

many cases salvation depends on an act of perfect contrition, 
and that even where it is possible to receive the Sacrament of 
Penance it is always advisable to make at least an effort to 
arouse not only imperfect but also perfect contrition ?" ^^ 

We should be loath to omit the remark that the love of 
Christ crucified is an eminent incentive to perfect love, and 
that the sorrow for sin which is founded on the thought that 
sin was the cause of the awful sufferings and shameful death of 
Our Saviour, belongs to perfect contrition. A man who is well 
disposed towards Christ, believing Him to be God, has all that 
is required to arouse perfect love; and if, influenced by this 
love, he detests and determines to avoid all that brought such 
great suffering on Christ, he is exercising an act of perfect love 
and contrition/^ 

This love is most intimately connected with the love of grati- 
tude, since ^^for our sins was He wounded and for our iniquities 
was He stricken." Indeed nothing is so calculated to fill us 
with gratitude towards God as the thought of all that the Son 
of God has done and suffered for us. The crib, the cross, and 
the Sacraments are the three great, monuments of His enduring 
love towards us, and at the same time they are the three inex- 
haustible founts of motives of our love for Him. Hence it is 
that the Church recalls to us so frequently these benefits of 
Christ. " When we meditate upon her ceremonies and practices, 
the spirit of her feasts and solemnities, her altars and temples, 
her prayers, the sense of the liturgies and the object of her devo- 
tions, our thoughts are compelled to consider the marvelous 
love of God and what Our Saviour has done and suffered for us, 
and we are reminded to be thankful to the Lord and to requite 
His love with our love." ^^ 

'^^ See Perfect Contrition by Von den Driesch, translated by Father J. 
Slater, S.J. 

11 Lehmkulil, Theol. Mor. P. I. Lib. I. Tract. I. cp. III. § 1. 
i'2 Deharbe, Die vollkomraene Liebe Gottes, p. 158. 



80 THE RECIPIENT OF PENANCE 

From this love of gratitude, as the first stage on the way to 
pure love, we may ascend yet higher and attain to that entirely 
pure love by which we seek God as the highest good in Himself, 
as infinite beauty, as complete perfection, as the source of all 
goodness, beauty, and perfection, without reference, so far as 
that is possible, to our own profit. This love is shown by joy 
in God's perfections (amor complacentice) ; the soul which has 
this love forgets itself and is lost in the object of its love for 
which alone it lives; its sole desire is God's happiness (amor 
henevolentice) , and it would willingly add to it (amor desiderii) ; 
but since such increase is impossible it rejoices in things as they 
are (amor gaudii). 

It cannot be disputed that such a disinterested love is possible 
on earth, since many pious souls have had it in an eminent 
degree ; still it must be observed that although the higher stages 
of love surpass and in surpassing absorb the lower, they do not 
eliminate them entirely; on the contrary, this pure love does 
not and cannot exclude the love of hope. It is the explicit 
teaching of the Church that love for God on earth cannot be 
so disinterested as to exclude all thought of ourselves and our 
eternal welfare. 

This .stage of love answers to filial fear (timor filialis) when 
one thinks no longer about punishment nor fears it, but dreads 
to give displeasure or offense to the beloved one and carefully 
avoids all that arouses the anger of God. 

The sorrow arising from perfect love is therefore perfect 
sorrow, contritio. This, like unselfish love, may have varying 
stages of intensity ^^ and may be more or less perfect; no special 
degree of intensity, however, is required, and the lowest is suffi- 
cient. It is only right and desirable, however, that we should 
have the greatest sorrow possible for our sins, penetrating soul 
and body, so that the whole man may repent of his faults and 

18 Cf. S. Thomas, Supplem. Q. 5. a. 3 ; S. Alphons. Lib. VI. n. Ml ; Gury, 
II. 11. 453 ; Palraieri, Tract, de Poenitentia, Thes. XXIV. p. 262 sq. 



EFFECTS OF PERFECT CONTRITION 81 

the tools of sin become again instruments of love.^^ This, 
however, is not always in our power, and, being a grace, we must 
ask for it. 

We may now sum up our conclusions: Perfect contrition, 
contritio, is the hatred of sin proceeding from a pure love of God 
with a firm resolution of amendment, a disposition which in- 
cludes filial fear, and, so far from excluding the hope of salva- 
tion and fear of punishment, tends rather to develop them/^ 

12. The Effects of Perfect Contrition and the Obligation of 
Procuring it. 

Perfect contrition restores the sinner to grace at once, even 
before he has approached the Sacrament of Penance, though 
the desire of receiving the Sacrament is necessary; it removes 
the eternal punishment and in part the temporal punishment. 

The first part of this statement is fidei proxima, for the Coun- 
cil of Trent teaches ^^ that perfect contrition reconciles man 
to God before the Sacrament is received, but that this reconcilia- 
tion by perfect contrition is not effected without the desire, 
which is included in the act of contrition, of receiving the Sacra- 
ment. This doctrine was confirmed by the condemnation 
pronounced by Gregory XIII and Urban VIII on the twenty- 
first and thirty-second of the propositions of Baius. Baius and 
Jansenius taught among other things that perfect contrition 
without the Sacrament cannot restore to grace unless in excep- 
tional circumstances, e.g. in martyrdom, at the hour of death, 
when there is no possibility of confessing, or when it is summe 
intensa. 

14 Cat. Roman. P. II. cp. 5, n. 27. 

1^ Compare Oswald, Die dogmat. Lehre von den heil. Sakramenten, 
Fiinfter Teil, Zweiter Abschnitt, § 7, III. Aufl. S. 71 ff. ; Deharbe, Die voll- 
kommene Liebe Gottes, §§ 2, 3, 6, 8 ; Suarez, De Poen. Disp. 11. Sect. 3 et 
Disp. IV. Sect. 2 ; Ballerini, Op. Theol. Mor. 1. c. n. 35-42 ; Palmieri, Tract, 
de Poen. Thes. IV, V ; Lehmkuhl, Theol. Mor. P. I. L. I. Tr. I, n. 318. 

16 Sess. XIV. cp. 4. 



82 THE RECIPIENT OF PENANCE 

Finally, this doctrine of the efficacy of perfect contrition is 
clearly expressed in Holy Scripture and in the monuments of 
tradition; the proofs belong to the domain of dogmatic the- 
ology.*^ We add only a single consideration which springs 
from a well-known principle: Perfect contrition arises from 
love and is in its essence nothing but an act of love. Now per- 
fect love unites us to God, so that we live in Him and He in us.^^ 
This perfect union with God overcomes all separation from 
Him which arose through sin. 

Such, then, is the effect of perfect contrition, however poor 
and weak it may be, for in spite of this it is a sorrow which is 
inspired and informed by perfect love. Nor does a greater 
or less degree change the species ; the Council of Trent is positive 
in its declaration that perfect contrition reconciles us to God, 
and assigns no limit which must be attained before pro- 
ducing this effect. Such, too, is the unanimous teaching of 
St. Thomas,^^ St. Alphonsus,^^ and the other great theologians. 

The sinner is restored to grace by perfect contrition without 
the Sacrament only when he has the intention of receiving it, 
for the actual, or at least intentional, reception of the Sacra- 
ment is the one single means ordained by Christ for the removal 
of mortal sin. This intention is included in the act of perfect 
contrition, as the Council of Trent goes on to teach ; hence all 
theologians hold that the implicit desire (votum implicitum) is 
sufficient, for whoever has true contrition has the wish to fulfill 
all the commands of God, and hence the command of Christ 
enjoining the confession of sin.^^ Perfect contrition is an act 

1'^ The proof is well developed by P- Palmieri, S.J., Tract, de Poenitent. 
Theses XXII et XXIII, p. 224 (Romse, 1879). Cf. S. Thomas, II. II. 
QQ. 23-27. 

18 1. John iv. 16. 

1^ Supplem. Q. 5, a. 3. Quantumcunque parvus sit dolor, dummodo ad con- 
tritlonn rationem, siifficiat, omnem culpam delet. 

20 Lib. VI; n. 441. 

21 S. Thorn. Supplem. Q. 5, a. 2 ad 1. Conlrilio vera non fuit, nisi propo- 



EFFECTS OF PERFECT CONTRFTION 83 

of perfect love, and this urges man to fulfill the commands of 
God in accordance with Christ's words: ^'He who loves Me 
will keep My word." ^^ Hence it may happen that a sinner is 
justified by an act of perfect contrition without any actual 
confession ; it is sufficient that he does not exclude the purpose 
of confessing his sin.^^ 

The resolution to confess the sin does not include the resolu- 
tion to confess it as soon as possible {quani primum). It is 
enough to confess when a precept of God or of the Church 
urges. ^^ 

The other effect of perfect contrition, the remission of eternal 
punishment, follows from what we have been already consider- 
ing; moreover the condemnation of Baius' seventieth proposi- 
tion makes this doctrine proxima fidei. This, too, is the teaching 
of all Catholic theologians.^^ The guilt is removed by sancti- 
fying grace; but one who has sanctifying grace is a child of 
God, and has as his heritage a claim to heaven. 

Finally, we gather from the Council of Trent ^® and the com- 
mon doctrine of theologians " that a part also of the temporal 
punishment of sin, in proportion to the intensity of contrition, 
is remitted, so that a very great and perfect contrition may 
blot out all the temporal punishment. 

Two very practical remarks, applicable both to confessor and 
to penitent, may find their place here. 

Mortal sin is not forgiven, and the sinner is not reconciled to 
God, till he has made good the injury done to God; in other 

situm conjitendi hahuerit annexum : quod debet ad effectum reduci etiam propter 
prcEceptum quod est de confessione datum. 
2^ John xiv. 23. 

23 S. Alph. Lib. YI. n. 437, Dub. 4. 

24 Lehmkuhl, 1. c. n. 275; Miiller, 1. c. § 113, 2. 

25 S. Thorn. III. Q. 89, a. 4; Suarez, De Poenit. Disp. X. Sect. 2. 

26 Sess. VT. c. 14; Sess. XIV. c. 8 et can. 12. 

27 S. Bona vent. Theol. verit. L. \\. c. 24. S. Thomas, Suppl. Q. 5, a. 2. 
Ballerini, De Poenit. L. VI. c. 6. 



84 THE BECIPIENT OF PENANCE 

words, till he has done penance. This is a truth of faith. ^^ It 
follows, then, that he who has the misfortune to fall into sin is 
obliged to repent of it, and in such wise as to obtain forgiveness ; 
to adopt any other course is to frustrate the whole end of his 
existence. He must therefore make an act of perfect contrition, 
or supplement the imperfect contrition by the Sacrament of 
Penance. 

This obligation is certainly pressing when there is danger of 
death, because it is the necessary means for salvation, and every 
man is bound by love of God and of himself to take precautions 
against being forever an enemy of God and of being involved in 
eternal damnation. 

The question now arises whether on other grounds there is a 
strict obligation of making an act of perfect contrition, for 
instance, from the consideration of God who has been offended, 
or for our own interests, since we may die at any moment, and 
because one who is in a state of mortal sin is but httle capable 
of avoiding other mortal sins. 

The following answer may be given : — 

1. God might have insisted that the sinner should make good 
at once after his sin the evil committed, and the injury done to 
God by mortal sin would be quite motive enough for such legis- 
lation. As a matter of fact God does not make any such de- 
mand; instead of insisting on His rights. He is long-suffering 
and permits the sinner to heap offense on offense. 

On the other hand, a man cannot remain long in mortal sin 
without offending God again and once more incurring sin; for 
it is an insult to the love we owe to God to remain long a slave 
of the devil and an enemy of God, and such behavior on the part 
of the sinner makes him guilty of contempt of God's friendship 
and rights. To incur, however, grievous sin in this way, the 
neglect to make an act of perfect contrition must have extended 

2^ Cf. Trid. Sess. XIV. 1. c, from which we infei' that penance is neces- 
sary for salvation necessitate medii. 



OBLIGATION OF PERFECT CONTRITION 85 

over a considerable time. As to what constitutes a considerable 
time, it is not easy to define a hard-and-fast limit; a period of 
several years would certainly be considerable, and it would be 
a grave sin to remain so long a time in the state of mortal sin; 
but a man who reconciles himself to God within the hmits of 
the time prescribed by the Church for confession would certainly 
not incur a new sin per se, special circumstances, of course, 
being excluded which might demand that an act of perfect con- 
trition be made at once.^^ 

The possibihty of dying before being reconciled to God is 
certainly a very strong motive to induce a man to consult the 
safety of his soul and to free it as soon as possible from the state 
of mortal sin; for at any moment death may surprise a man 
without warning. If, however, there be no pressing danger of 
death, that possibility is not sufficient to make delay of recon- 
ciliation a new sin; hence one who dies a sudden death may 
be plunged into hell by sins for which he had not atoned, 
but he would not be guilty of a new sin by having put off his 
repentance. 

But there is an obhgation to avoid putting off for a long 
time one's conversion, and hence an act of perfect contrition 
after mortal sin, because a man in the state of mortal sin is in 
the greatest danger of falling into other mortal sins, since he has 
not strength enough to vanquish severe temptations and to with- 
stand the violence of his passions, and since, as St. Gregory the 
Great ^^ says, the unrepented mortal sins which burden his soul 
draw him by their weight into other worse sins. '^ Without 
sanctifying grace it is not possible to refrain long from mortal 
sin," says St. Thomas ;^^ the sinner might, if he wished, have 

29 Ballerini deals excellently with this point in his Op. Theol. Mor. in cp. 
III. De prsec. et oblig. confession, n. 138 ss. Cf. Suarez, De Poenit. Disp. 
15, Sect. 6, n. 7 ; Sporer, De Poen. n. 186. 

30 In Ezechiel, Lib. I. Horn. 11, n. 24. 
31 1. II. Q. 109, a. 8. 



86 THE RECIPIENT OF PENANCE 

the necessary moral strength to overcome temptation and to 
resist his passions; he might curb them by the divine power of 
grace; but there is the law of the distribution of God's graces, 
that God gives only to those who love Him efficacious grace, 
and while a man persists of his own free will in the state of sin 
and enmity with God, he equivalently expresses his contempt of 
grace and so makes himself unworthy of it. As God is ever 
pouring richer and richer graces on those who make good use 
of them and cooperate with them, so He withdraws them from 
those who neglect and resist them. Hence we may adopt the 
well-founded teaching of St. Alphonsus,^^ who states that the 
sinner ought not to put off for longer than a month his reconcil- 
iation with God ; in other words, that the act of perfect contri- 
tion should not be delayed beyond that time. By such delay, 
he would incur a new sin. This subject, moreover, is intimately 
connected with the duty of eliciting the act of love ; for accord- 
ing to a very probable opinion of many theologians, of whom 
the authority is recognized and approved by St. Alphonsus, we 
are bound to elicit at least once a month an act of love, because 
we should keep God's commands either not at all or at least with 
great difficulty if we failed for so long a time to ehcit such an 
act, and if we were so httle soHcitous about our duty of loving 
God. It is impossible to make an act of perfect love without 
bewailing one's sins by which a God so infinitely worthy of love 
has been offended. Hence St. Alphonsus in his practical direc- 
tions to confessors says: ^^ '^The duty of making an act of con- 
trition is urgent when one is obliged to make an act of love." ^^ 

32 Lib. YI. n. 437. 

83 Tract. 16, cp. 2, n. 10. 

34 The question raised by theologians as to whether it is a distinct sin to 
put off eliciting the act of perfect contrition and reconciliation with God, 
must be answered in the affirmative, for Holy Scripture enjoins us not to 
delay our conversion or to put off penance from day to day, because the 
anger of God may come upon us when we are so unprepared (cf . Ecclus. v. 
8, 9, where, however, no express command is laid down), and because the 



OBLIGATION OF PERFECT CONTRITION 87 

Since the faithful for the most part are ignorant of any obU- 
gation of making an act of perfect contrition within a given 
time after falHng into mortal sin, and, therefore, incur no sin 
by the non-fulfillment of it, the confessor need not trouble him- 
self to make inquiries about it in the past life of his penitents ; 
indeed he may abstain from instructing them on the existence 
of such obhgation. But he should not fail — without, however, 
mentioning that neglect means a new sin — to urge his penitents 
by other motives to return to a state of grace, for the future, as 
quickly as possible after falhng into mortal sin, at least by an 
act of perfect contrition, and, if occasion offer, by going to con- 
fession. Sad experience shows that one fall into mortal sin is 
very soon followed by others.^^ 

Finally, there is an obligation {per accidens) to awaken per- 
fect contrition when one has to exercise some act for which a 
state of grace is required and the Sacrament of Penance is not 
accessible. A priest, for instance, is in a state of mortal sin and 
is called upon to administer one of the Sacraments, or one of the 

prceceptum caritatis which we ought to obey scepius in vita calls for an act of 
contrition. 

Aertnys reconciles this affirmative opinion of Lugo, Suarez, St. Alphon- 
sus, etc., with the opposite view of Navarro, Vasquez, Soto, etc., declaring 
the latter to be probable per se loquendo, while the former is true de ohligq- 
tione per accident, so that the sinner who fails to elicit an act of perfect 
contrition within a reasonable period is not to be acquitted of incurring a 
new mortal sin. Aertnys, 1. c. Lib. VL Tract. V. cp. 3, n. 168. St. Alphon- 
sus expressly condemns the view of Concina and Roncaglia that a delay of 
a week is a considerable period ; and similarly he rejects the opinion of 
Laymann, Lugo, the Salmanticenses, Elbel, etc., who maintain that sin has 
been incurred only by the neglect of contrition for a whole year. This 
latter view he cannot accept, even if there were no other reason than the 
duty of eliciting an act of love once in the month. Finally, he rejects the 
opinion of some theologians that a sinner must elicit acts of contrition on 
feast-days in order to fulfill the object of sanctifying the festival ; the gen- 
eral answer is made that the object of any given precept does not fall under 
the precept. Ballerini, Op. Theol. Mor. 1. c. cp. IIT. n. 1035 ss. 

35 Muller, 1. c. Lib. III. L II. § 115, I; Lehmkuhl, 1. c. n. 278; Aertnys, 
1. c. n. 168, Q. L 



88 THE RECIPIENT OF PENANCE 

faithful has to receive one of the Sacraments of the Hving and 
cannot get absolution beforehand. This also holds true if an 
act of perfect love has to be made; in this case every one is 
obHged, when there occurs to his mind a mortal sin not yet 
repented of, to detest the same and to be sorry for it from the 
motive of the love of God. According to the general opinion 
of theologians an act of love should be made in the hour of 
death, whence St. Alphonsus teaches that a dying man who has 
confessed with only imperfect sorrow should be recommended 
to elicit an act of perfect contrition, for it is impossible to make 
an act of love without bewailing the sins from the same motive 
of love.^*' Finally, this duty is pressing when one is exposed to 
severe temptations which cannot be overcome while one is in a 
state of enmity with God. 

We would add another observation : Since perfect contrition 
is so pleasing to God and so helpful to those sinners especially 
who have fallen seriously, the pastor of souls should seize every 
opportunity of instructing the faithful and urging them to elicit 
such acts frequently, especially when they are in danger of death 
and have no opportunity of approaching the Sacrament of Pen- 
ance. Children particularly should be taught on this subject, and 
a good form of the act given to them. They may have need of 
it themselves in order to be saved from eternal damnation, and 
they may come to the assistance of their elders at the hour of 
death; indeed experience teaches that well-instructed children 
more than once have reminded people in such straits of the act 
of perfect contrition, and have persuaded those persons to make 
it with them ; finally, what has been learned in childhood will 
turn out useful to many in their old age. 

13. Imperfect Contrition. 

The effects of imperfect contrition {attrition) are not so great 
as those of perfect contrition. Imperfect contrition, which ex- 

"^ H. A. 1. c. n. 11, Lib. VT. n. 437, Dub. 2 ; Suarez, Disp. 15, Sect. 4, n. 
19 ; Lacroix, Lib. IL n. 142, etc. 



IMPERFECT CONTRITION 89 

eludes the desire of sinning and includes the hope of pardon (this 
belongs to the sorrow necessary for the Sacrament of Penance), 
is the proximate disposition which the sinner must have if he is 
to be justified in the Sacrament of Penance. This is of faith.^^ 

Passages almost innumerable of the Holy Scriptures and the 
Fathers, decrees of Councils and theologians, present this doc- 
trine as revealed by God.^^ 

Consequently it is the common and certain teaching of theo- 
logians that to receive the grace of the Sacrament of Penance 
imperfect contrition is sufficient, and that perfect contrition is 
not of necessity. The Council of Trent declares expressly: 
^^\lthough imperfect contrition without the Sacrament of Pen- 
ance is not able per se to restore the sinner to justifying grace, 
yet it disposes him for the reception of grace in this Sacrament." 
The Council is speaking here of the ultimate or proximate dispo- 
sition which, in union with the Sacrament, suffices for the remis- 
sion of sin; for it opposes the efficacy of imperfect contrition 
with the Sacrament to its inefficacy without the Sacrament. 
Without the Sacrament it cannot produce justification, but dis- 
poses towards its reception in the Sacrament ; it must therefore 
produce in the Sacrament this justification, and the disposition 
of which the Council speaks must be understood of the 
proximate disposition which is immediately followed by grace ; 
otherwise the contrast drawn between the two would have no 
meaning. 

3^ Cf. Trid. Sess. XIV. cp. 4 et can. 5, which is directed against Luther's 
doctrine that all fear of punishment is wicked, and that imperfect contri- 
tion, founded on the fear of hell, by making a man a hypocrite, makes him 
a greater sinner. Cf. Bellarmin, De Poen. Lib. 11. cp. 2; Mohler, Sym- 
bolism, § 33. Luther's error was in part adopted by Bains, Jansenius, and 
Quesnel. Cf. Prop. 60, 61, 62 et 67 Quesnellii a P. M. Clem. XI in Bulla 
" Unigenitus," proscript; Prop. 15 et 16 damn, ab Alexandre VIII, in which 
some of Quesnel's errors are again condemned. 

^^ Cf . Bellarmin, 1. c. Lib. II. cp. 17 ; Perrone, De Poenitent. n. 46 s. ; Ri- 
palda, De Ente supernaturali, Tom. IV. Disp. 22, Sect. 4-11, et Lib. VI. Disp. 
ult. n. 458-460; Palraieri, Tract, de Poenitentia, pp. 280-353 (Rom. 1879) ; 
Ballerini, Op. Theol. Mor. 1. c. cp. I. De sufficientia attritionis, n. 42-50. 



90 THE BECIPIENT OF PENANCE 

This conclusion is confirmed when we consider the institution 
of the Sacrament. Christ's object in instituting this Sacrament 
was to restore the baptized to the Hfe of grace; if it did not 
really confer the grace of justification, it would have been a 
means frustrated of its end, and would not have the power which 
it was intended to have; it could not be expected to call for 
dispositions Avhich of themselves would atone for sin, and this 
would be the case if perfect contrition were the required dispo- 
sition. A remedy for a disease would be a poor gift if it could 
•not cure the disease until the latter was already removed. 
Finally, the Church received the power of the keys in order 
that it might loose or retain sins; if perfect contrition were 
required as the necessary condition, the sins would not be re- 
mitted by the power of the keys, but by the dispositions of the 
penitent. Therefore imperfect contrition is sufficient for justifi- 
cation in the Sacrament of Penance. ^^ 

Since imperfect contrition in union with the Sacrament has 
the same effects as perfect contrition w^ithout the Sacrament, 
theologians say that the penitent becomes in the Sacrament ex 
attrito contritus; this expression is not to be understood of the 
act, as though attritio became contritio. 

Imperfect contrition, as we have already seen, arises from the 
thought of the hideousness of sin and from the fear of the pun- 
ishment which God in His justice inflicts on the sinner. The 
following are the classes into which, according to St. Thomas/^ 
fear is divided : — 

1. Worldly fear, timor mundanus, when man is feared more 
than God, or when one offends God in order to avoid suffering. 

2. Natural fear, timor naturalis, the fear of temporal mis- 
fortunes. 

39 S. Alph. 1. c. Lib. YI. n. 440; Mazzotta, 1. c. Tract. VI. Disp. T. Q. 
III. cp. III. § 2; Stotz, 1. c. Lib. I. P. II. Q. L a. VI; Aertnys, 1. c. 
Lib. VI. Tract. V. ii. 176; Palmieri, Tract, de Poenit. Thes. XXV. p. 
286 ss. 

40 II. II. Q. 19, a. 2-9. 



IMPERFECT CONTRITION 91 

3. Slavish fear, timor serviliter servilis, when one shrinks from 
sin merely from fear of punishment, and when one is ready to 
sin again if there were no punishment. Theologians say of such 
a man : solum maniim cohibet, voluntatem autem non retrahit a 
peccato. 

Quite distinct from this fear is : — 

4. Servile fear, timor servilis, when a man fears the punish- 
ments which God inflicts on sin, and on that account really 
avoids and detests sin: qui non solum manum sed etiam volun- 
tatem cohibet a peccato, as the schoolmen express it. 

5. Filial fear, timor filialis seu castus, is the fear of a man 
who honors and loves God as his Lord and Father, and from 
that motive avoids sin and loves the law of God. The last two 
kinds of fear conjoined form : — 

6. Mixed fear, timor viixtus seu initialis, which is the disposi- 
tion of a man who fears sin because it offends God and also be- 
cause it is punished. Hence St. Thomas gives a clear and short 
account of these last three kinds of fear : Sometimes man turns 
to God and clings to Him because he is afraid of evil. This evil 
may be twofold, the evil of punishment and the evil of guilt. If 
a man turn and cling to God from fear of punishment, this is 
servile fear; and when it is done from fear of guilt it is fihal 
fear, for children are afraid of offending their father; if, how- 
ever, it is done from the fear of the punishment and of the guilt, 
it is then timor initialis, which is intermecUate between servile 
and filial fear.^^ 

The sorrow proceeding from servile fear is attritio, that im- 
perfect sorrow which, when it excludes the desire of sinning and 
is joined to the hope of pardon, disposes the sinner to receive the 
grace of justification in the Sacrament of Penance. It may now 
be asked whether, along with this imperfect sorrow based on fear 
as its only motive, there may not be required besides, in order 

« 11. II. Q. 19, a. 2 ; Stotz, 1. c. Lib. I. P. JI. Q. I. 



92 THE RECIPIENT OF PENANCE 

to dispose the sinner proxime for the receiving of grace, some 
sort of love, at least initial, or whether this love be included in 
that sorrow. On this subject the Council has given no direct 
answer. In the seventeenth century this question was debated 
with such heat that Alexander VII (June, 1667), in order to 
establish peace, forbade, in the strongest terms and under pain 
of excommunication latce sententice, that any of the disputants in 
this matter should accuse their opponents of heresy. Four dis- 
tinct views were proposed and defended on this subject : — 

1. The first view teaches that sorrow from the motive of fear, 
as long as it is true sorrow, is quite sufficient of itself for obtain- 
ing sanctifying grace in the Sacrament. This sorrow produces 
hatred and detestation of sin and a return to God's law, and is 
inseparable from the hope of pardon. Hence the sinner becomes 
capable of receiving the grace of the Sacrament. Melchior Canus 
is the most famous of the defenders of this view, who are called 
Attritionists because they hold that mere attrition from the fear 
of the punishments inflicted on sin is a sufficient disposition. 
They thought that every sort of love was excluded from, this con- 
trition based on fear, a position which seems impossible both 
psychologically and in view of the action of grace; as was evi- 
dently the general opinion of the Fathers at the Council of Trent. 
Instead of the present clause in cap. 4 : attritio eum ad gratiam 
in Sacramento poenitentice impetrandam disponit, another had 
been presented to them : ad constitutionem sacramenti sufficit, ac 
donum Dei esse ac Spiritus S. impulsum verissimum non adhuc 
quidem inhahitantis sed tantum moventis quo pamitens adjutus 
{cum sine aliquo dilectionis in Deum motu esse vix queat) viam sihi 
ad justitiam munit et per eam ad Dei gratiam facilius impetrandum 
disponitur. Since it was urged that men of eminent learning 
made a distinction between such sorrow and love, the present 
form of the clause was chosen in order to avoid defining a scho- 
lastic question on which the Doctors were not of one mind ; by 
using the word disponit the Council did not wish to mean a 



IMPERFECT CONTRITION 93 

sufficient disposition, and to indicate this more clearly it pur- 
posely avoided the use of the word sufficit^^ 

2. The second opinion holds that the sorrow based on fear is 
sufficient only when there is joined with it some beginning of 
the love of God, as our highest good. This view supported by 
the most eminent theologians rests on sohd foundations, and is 
now the more usual opinion among theologians. That there is 
nothing in this view opposed to the Council of Trent is clear 
from what has been said above on this point. In another place 
in the Sixth Session (cap. 6) there is indirect authority for it, 
where the Council, in describing the -progress towards prepara- 
tion for the first grace, teaches that the sinner who is disposing 
his soul for justification must begin to love God as the source of 
all justice.^^ 

Hence as preparation for the first justification of adults a be- 
ginning at least of love is required. Now what is required for 
their first justification in Baptism, that, at the very least, is 
demanded for the second justification by Penance, since, as the 
Fathers express it. Penance is a toilsome Baptism, haptismus 
lahoriosus; consequently if a distinction is to be made in terms 
of greater or less, greater dispositions are required for Penance 

*2 Pallaviciiii, Hist. Concil. Trid. L. XIII. c. 10. Palmieri tries to 
weaken the force of this argument ; see Tract, de Poenit. Thesis XXX. 
p. 331 ss. 

^^ "They [adults] dispose themselves for justification when, being urged 
and supported by God's grace, receiving faith by hearing, they approach 
God of their own free will, believing that to be true which is revealed and 
promised by God, and especially this, that the sinner is justified by God 
through His grace, through the redemption in Jesus Christ; and while 
they acknowledge their sins, they are led by fear of the divine justice, of 
which they have a wholesome dread, to the consideration of God's mercy, 
and thence are encouraged to hope, so that they trust that God will be 
gracious to them for Christ's sake, and they will begin to love Him as the 
source of all justice." Sess. YI. cp. 6; cf. can. 3: "If any one say that a 
man without previous inspiration of the Holy Ghost and without His help 
can believe, hope, love, and do penance as is required in order to attain the 
grace of justification, a. s." 



94 THE BECIPIENT OF PENANCE 

than for Baptism. Moreover, the Council is unmistakably clear 
in its declaration that what it teaches with regard to the first 
justification apphes equally to the justification by penance/^ 

In the place where the Council treats of the sorrow re- 
quired as a preparation for the Sacrament of Penance, it speaks 
of it plainly as the beginning of a new fife ; ^^ such it could not 
be if it did not include love, or at least the beginnings of love; 
for since the new life consists in the love of God, the beginning 
of the new life must of necessity include the beginning of the 
love of God/« 

A third reason may be found in the very nature of the 
subject. According to the Church's teaching, the justification 
of an adult means a real conversion, and this of itself includes a 
beginning of love. By mortal sin man turns from God to the 
creature ; if the conversion is to be real, he must not only turn 
away from the creature, but also return to God, and that cannot 
happen without some initial love. Moreover, it is in the very 
nature of man ever to desire and love something as his highest 
good, be it the creature, as happens in mortal sin, or the Creator ; 
since by his conversion he ceases to make the creature his sole 
object and aim, he must direct his desires to God the uncreated 
good, and so must love God at least as his highest good. 

But this love which is required to accompany imperfect con- 
trition in order to make it a sufficient disposition for obtaining 
grace in the Sacrament, is not the beginning of the amor henevo- 

*^ Cf. Procemium to the Fourth Session de .<?. Pcenitent. sacram. : "Although 
the oecumenical . . . synod in its decisions on justification (Sess. VI.) has 
repeatedly spoken in the same urgent manner of the Sacrament of Penance 
on account of its intimate connection with the matter in hand, yet none the 
less," etc. 
.45 Sess. XIV. cp. IV. 

46 The words at the beginning of the fourth chapter : " no7i solum cessa- 
tionem a peccato et vitcE novce propositum et incJioationem ef . . ." need not of 
necessity be understood of perfect contrition, which is discussed later. In 
this place it is more likely that the question of contrition in general is 
under discussion. 



IMPERFECT CONTRITION 95 

lentice or the caritas perfecta or perfect love; for, as has been 
seen above, any act of contrition proceeding from perfect love 
in any degree at once restores a man to grace without the recep- 
tion of the Sacrament; similarly the beginning of perfect love, 
joined with imperfect contrition, would justify the sinner with- 
out the Sacrament/^ Penance would thus be a meaningless 
institution. It is rather the beginning of the amor concupiscen- 
tice or of the caritas imperfecta, in which we love God because 
He is good to us. This beginning of love is included in imper- 
fect contrition, which arises chiefly from the fear of God's 
punishments; for Holy Scripture (Ecclus. xxv. 16) calls the 
fear of God the beginning of love. Hope of eternal happiness 
is another motive, for, as St. Thomas of Aquin says, when we 
hope to obtain a benefit from any one we are drawn towards 
him and begin to love him. Whoever, then, has imperfect 
contrition and receives the Sacrament in the hope of pardon, 
already begins to love God as his liberator, his champion, his 
Lord. No special intensity is required in this love; it need 
only be the beginning of love, as long as the love is real — and 
this is called amor initialis}^ 

3. A third opinion demands, not a beginning of imperfect love, 
but perfect love in its first stages, that is, caritas initialis. It 
need not, however, be so strong as to suffice to remove sin of 
itself, nor need it be independent of other motives, such as ser- 

4" Compare § 12. 

48 S. Alph. Lib. VT. n. 442. Objic. Ill; Scavini, Theol. Moralis Universa, 
T. IV. Tract. X. Disp. I. cp. II. art. I. n. 23 ; Mazzotta, 1. c. Tract. VI. 
Disp. I. Q. III. cp. III. § 2; Aertnys, 1. c. n. 177; Lehmkuhl, 1. c. P. II. 
Lib. I. Tract. V. Sect. II. cp. I, § 2, n. 288 et 289; Oswald, Die dogmat. 
Lehre von den heil. Sakrament. II. Bd. Fiinfter Teil, Zweiter Abschn. 
Erst. Hauptst. § 7, p. 86 ff. III. Aufl. ; Miiller, 1. c. Lib. III. Tr. II. § 
114; Martin, Lehrbuch der kath. Moral. § 243; Tappehorn, Anleitung zur 
Verwalt. des Buss-Sakramentes, § 11, p. 89 ff. This doctrine was adopted 
by all the schools after the Council of Trent, as Benedict XIV affirms, 
T)e Syn., etc., Lib. VII. c. 13; and Alexander VII published in a decree 
of ]May 5, 1657, that this view hodie inter scholasticos communis videtur. 



96 THE RECIPIENT OF PENANCE 

vile fear. Such sorrow, however, would be no longer attritio, 
but contritio, which in any degree by itself justifies the sinner 
apart from the Sacrament. 

4. The fourth opinion goes yet further and requires that along 
with attritio there should be not only pure love, but in such 
measure that of itself it should move the sinner to bewail his 
sins and give them up. This is of its nature contritio, whence 
the defenders of this last opinion are called contritionists.^^ 

This question is not one of mere theoretical interest, but is of 
highly practical application; for if the acts of the penitent are 
the materia proximo of the Sacrament, and if it is the confessor's 
duty to make certain of the presence of these acts before giving 
absolution, he must do so also with respect to contrition; for 
this reason he must study the nature and properties of contri- 
tion in order to secure the integrity of the Sacrament. 

From this it is at once apparent that the contritionist must 
proceed differently from the attritionist. The former will, if he 
is true to his principles, not only investigate whether the peni- 
tent's sorrow for sin be joined with belief and hope of pardon, 
but also whether that sorrow proceed from the love of God, or at 
least the beginning of it, which love must be a love of God above 
all things- This investigation, however, is very difficult, and 
wearisome to confessor and penitent, at least if the latter be 
uninstructed. The attritionist, on the contrary, merely inquires 
whether his penitent has sorrow springing from a motive of 
faith and the hope of forgiveness this inquiry offers no diffi- 
culty to either confessor or penitent. Once it is estabhshed 
that the sorrow comes from a motive of faith and is joined to 
the hope of pardon, one may fairly presume and conclude that 
there is avior initialis, so that further investigation is superflu- 
ous; for if we hope for good from any one, we have already at 
least a beginning of love for him. 

49 Scaviiii, 1. c. Tract. X. Adnotat. n. 188 et 189. 



IMPERFECT CONTRITION 97 

Moreover, the confessor will observe that since the view re- 
quiring a beginning of love with imperfect contrition is more 
probable than the opposite, prohahilitate externa et interna, it is 
also the safer ; since, however, in giving and receiving the Sac- 
raments an explicit papal decision enjoins the adoption of the 
safer view, it is not only of counsel but of precept, strongly bind- 
ing, to elicit before receiving the Sacrament of Penance together 
with contrition an act of love, if only initial love. Though the 
initial love which is comprised in the imperfect contrition is not 
the love of benevolence or caritas, but the amor concupiscentice, 
yet caritas is in no way excluded from it, and cannot be ex- 
cluded without grievous sin on the part of the penitent. Would 
it not be the sign of a bad disposition if a man were expressly 
unwilhng to avoid sin if it did not deprive him of heaven or 
lead him to hell? ^^I do not say," says St. Francis de Sales 
on this subject, ^'that this sorrow excludes the perfect love of 
God; I say only that it does not of its own nature include it; 
it neither rejects it nor embraces it; it is not opposed to love, 
but it can exist without it." 

Thus imperfect contrition disposes the penitent towards per- 
fect love. Any one who desires and hopes to attain so great a 
boon as the grace of God, all unmerited as it is, will certainly be 
unable to refrain from meditating on the infinite love which pro- 
cures him this great grace, and from that he will rise to the love 
of God for His own sake as infinitely good and lovable. Hence 
St. Thomas says that whenever a man hopes to get a benefit 
from God he is led to love God for His own sake only.^° 

We add one more practical observation : The imperfect con- 
trition arising from fear of hell, which excludes the desire of sin, 
and in which is contained at least virtually the hope of pardon, 
is quite sufficient to secure the fruit of the Sacrament of Pen- 

^^ S. Thom. De Spe, a. 3 ; and St. Francis de Sales writes: " La penitence 
nait dedans ramour et plusieurs fois la penitence venant en nos esprits 
I'aiiiour vient en la penitence." Theot. L. II. c. 20. 



98 THE RECIPIENT OF PENANCE 

ance; yet we ought to take pains that we have, as far as 
possible, perfect contrition, not only because this is more pleas- 
ing to God, but also because in this way the grace is made 
more certain and more grace is obtained and a greater measure 
of the temporal punishment remitted; because we are thus 
more sure of attaining true and necessary attrition, and finally, 
because we fulfill in this manner the precept which binds us to 
make, from time to time during our lives, an act of love. In- 
deed if a penitent chose to dwell only on the lowest motives of 
contrition, it would be a sign that his heart was not sufficiently 
fixed upon God, and there would be occasion for suspecting that 
there still lurked in his soul an undue affection for sin, curbed 
only by fear of punishment.^^ 

14. The Necessary Qualities of Contrition. 

If the Sacrament of Penance is to be received vafidly and with 
fruit, the contrition must be real, formal, supernatural, univer- 
sal, supreme, and sacramental.^^ 

1. First of all, the contrition must be real or genuine. Now 
contrition is, according to the Council of Trent, a grief of the 
soul and a horror of sin. A sorrow expressed only in words 
would be a sham sorrow; that would not do: a real sorrow is 
required. A sorrow merely imaginary, even without guilt on 
the part of the penitent, in which case his good, faith would cer- 
tainly save him from the guilt of a sacrilege, could not possibly 
supply for the want of a necessary and essential part of the 
Sacrament.^^ Hence God's command by the prophet Joel: 
Scindite corda vestra et non vestimenta vestra — Rend your hearts 
and not your garments (the sign of mourning; Joel ii. 3). And 
truly it is meet that sorrow should begin there where sin had 

51 Renter, S.J., Theol. Moral. P. IV. n. 2, § 3; S. Alph. Lib. VI. ii. 442 
in fine. 

^'^ Compare Trident. Sess. XIV. cp. 4 et can. 5. 

'^^ Ballerini, Op. Theol. Mor. 1. c. cp. I. De attritione existimata, ii. 51 ss 



THE NECESSARY QUALITIES OF CONTRITION 99 

its origin, namely, in the heart ; for from the heart, as the Scrip- 
ture tells us, come forth evil thoughts, murders, adulteries, etc.^^ 

The contrition must be formal, i.e. exphcit; a virtual or im- 
plicit contrition, such as is contained in another act, say in an 
act of love or the resolution to confess and receive absolution, 
is not enough even though it excludes the affection towards sin. 

Thus a penitent might conceivably elicit an act of perfect 
love without making any act of contrition, and then, after con- 
fessing his sins, be justified in virtue of the act of perfect love, 
though he would not validly receive absolution if he confined 
himself to the act of love. The contrition must be quite explicit, 
for it is the essential matter of the Sacrament, and virtual matter 
here would be about as practical as virtual bread and wine in 
the Sacrament of the Eucharist. Hence it is not enough to say : 
'^I love thee, my God, above all things, because thou art the 
sovereign good; forgive me my sins.'' Such words are only an 
act of love and a prayer for pardon, not a formal act of sorrow. 
The words must be exphcit: ^^I am sorry for my sins." ^^ 

Hence we see the error in the opinion held by several of the 
older theologians, who called attrition any kind of sorrow which 
did not come up to the standard of perfect contrition by want 
of an adequate motive of sorrow, or through deficiency of reso- 
lution of amendment, or because sin was not shunned as the 
greatest of evils. 

Others besides have conjectured that it was necessary and 
sufficient for absolution in the Sacrament that the penitent be- 
lieves he had contrition, i.e. that he ought to make efforts to be 
contrite and to believe that he has perfect contrition; such a 
putative sorrow, according to them, was sufficient, however dis- 
tinct it might be from the sorrow of perfect contrition. 

54 Matt. XV. 19. 

55 S. Alph. Lib. YI. n. 449 ; Scavini, 1. c. Tract. X. Disp. I. cap. II. art. I. 
11. 12; Lacroix, Theol. Moral. Lib. VL p. 2, n. 666; Ballerini, Op. Theol. 
Mor. 1. c. De attritione, n. 77 ss. Cf. Suarez, De Poeii. Disp. 9, Sect. 1; 
Lugo, De Poen. Disp. 4, n. 93, 

tUOfL 



100 THE BECIPIENT OF PENANCE 

Both views are false. If imperfect contrition were only a 
velleity, instead of being a real horror of sin, it would not be 
sufficient for the Sacrament, and such sorrow could never be 
called genuine attrition. On the contrary, any sorrow which 
has the properties enumerated above is sufficient even if the 
penitent knowingly confine his efforts to imperfect contrition 
without aspiring to perfect it.^^ 

There were also some theologians who maintained as a prob- 
able opinion that the virtual sorrow included in a formal act of 
love or in a resolution of amendment was sufficient. This view 
is stigmatized by Suarez as rash, by Vasquez as false. Other 
theologians, however, consider that this condemnation is too 
severe. 

On this question Renter " remarks that a penitent need not 
be worried about the formal act of sorrow if he has elicited an 
act of perfect love while reflecting on his sins (memor peccato- 
rum), for it is morally impossible for any one with his sins before 
his eyes to elicit an act of perfect love of God without detesting 
his sins. The same may be said with regard to the purpose of 
amendment, for it is morally impossible to form it without hav- 
ing formal sorrow. This is made clear from the consideration 
of any practical resolution which is based on supernatural mo- 
tives ; for if the hatred of sin is not yet a formal detestation and 
sorrow of past sin, it becomes so in any one who reflects that he 
has been guilty of sin.^^ 

2. The sorrow which disposes for the worthy reception of the 
Sacrament must on the one hand be prompted by divine super- 
natural grace which begins, accompanies, and perfects the whole 
work of salvation, and on the other must proceed from some 

^^ Cf. Bnsenbaum, Theol. Moral. Tract. TV. (de Sacram. poenit.) c. 1, d. 
11, resolv. 1 et 2; Lehmkuhl, 1. c. P. II. Lib. I. Tract. V. Sect. II. § 2, n. 
284; Ballerini, Op. Theol. Mor. 1. c. 

57 Theol. Mor. p. TV. n. 247. 

58 Cf. Vasquez, De Poenit. Q. 86, Dub. 4, de proposito; Lehmkuhl, 1. c. 
Tract. V. De Sacram. Poen. Sect. IT. § 2, n. 284. 



THE NECESSARY QUALITIES OF CONTRITION 101 

supernatural motive based on faith ; for the dispositions required 
for a supernatural gift must be supernatural. The second con- 
dition is more important, for God will certainly give grace to a 
man to do that which he is obliged to do. Merely natural or 
worldly love or fear will give rise to natural sorrow ; supernatu- 
ral sorrow springs from a supernatural fear or love of God. The 
distinction between the two is not merely quantitative but quali- 
tative ; they have nothing in common, and no amount of natu- 
ral sorrow will ever rise to the dignity of supernatural sorrow. 
Natural sorrow is of no efficacy in the work of conversion. 
When the prophets exhort to repentance they do not confine 
themselves to exhort the sinner, ^^Be converted," but, ^^Be ye 
converted to the Lord your God." A true penitent was, in 
their eyes, not one who turned from his sins; they required 
that he should also turn to God. Sorrow, then, must have a 
religious character, must be prompted by divine grace, must 
spring either from fear or love of God. 

If sorrow is to have this supernatural character, it must be 
based on supernatural motives suggested by faith. Faith is the 
first condition for justification which the Council of Trent de- 
mands of the sinner; in addition to this other conditions are 
laid down, especially the act of hope. These acts need not be 
formally elicited, but it is required that the motive of sorrow 
for sin should proceed from faith if it is to be of use for salva- 
tion. 

We may thus approach the question which, as Lehmkuhl says, 
many moralists treat with a certain scrupulosity — whether 
before the Sacrament is received explicit acts of faith and hope 
must be made, or whether implicit acts are sufficient. Lehm- 
kuhl himself answers the question as follows : ^^ To require that 
the penitent should elicit an act of faith with its formal object 



59 Theol. Moral. 1. c. n. 286; similarly Aertnys, 1. c. Cf . Ballerini, Op. 
Theol. Mor. cp. I. n. 141 ; Suarez, De Poen. Disp. 4, Sect. 2, n. 7. 



102 THE EECIPIENT OF PENANCE 

explicitly and with deliberation before or apart from the act of 
contrition is unreasonable; there would be reason for it only in 
the case of a penitent who had lost his faith by sinning against 
it. But an act of faith meaning the assent to a proposition of 
faith which springs from the habit of faith (assensum in aliquam 
veritatem ut fide notam ah hahitu fidei oriiindum), is rightly de- 
manded since it is otherwise impossible to derive contrition 
from a supernatural motive. Thus there is no doubt that a 
formal and explicit act of faith is necessary ; but this is certainly 
present if the necessary contrition be there. 

Accordingly St. Alphonsus is quite justified in believing that 
he can reconcile the divergent views of the theologians by teach- 
ing that formal faith is certainly necessary, but not reflex faith : 
that is a separate and distinct consideration of the grounds of 
faith. It is just the same with regard to hope; for if a man 
receive the Sacrament in a genuine spirit of penance in order to 
get forgiveness of his sins, he is making an act of hope explicite 
(though not yet reflexe, still exercite) that God will grant him 
pardon in the Sacrament through the merits of Christ. ^^ All 
this, however, holds good only for the faithful who are instructed 
in the things necessary for salvation. 

Our faith presents to our consideration many motives for 
contrition, which, as has been shown above, are reduced to two 
by the Council of Trent : fear of punishment and hatefulness of 
sin. This hatefulness may have many forms : the general mal- 
ice which belongs to every sin (in so far as it is an injury to God 
our highest good, and rebellion against Him, or ingratitude to 
God our Father and Benefactor, or infamous unfaithfulness to 
Jesus our loving Redeemer), or the particular malice which is 
proper to each sin, since every sin has its ow^n peculiar wicked- 
ness and is the opposite to some special virtue. A further mo- 
tive is found in the sufferings and death of Christ, which may 

«o S. Alph. 1. c. n. 439 ; Renter, Theol. .Alor. p. II. n. 36 et p. lY. n. 247. 



TRE NECESSARY QUALITIES OF CONTRITION 103 

be considered a motive of caritas, and the loathsome state of 
the soul when deprived of sanctifying grace. 

Among the punishments which excite us to salutary contri- 
tion are first of all the fire of hell, and then purgatory. 

All these motives may be called eternal; the pains of purga- 
tory may be numbered among the eternal motives because they 
begin only when a man has passed from this life into eternity. 

It is to be observed that any one of these motives is sufficient 
to awaken in us true contrition; nor is it necessary that we 
should choose a motive with which we made acquaintance first 
by revelation; we know many of these motives as well by rea- 
son as by faith ; we must only take care that the motive which 
impels us to sorrow appeals to us not merely from the point of 
view of reason, but as proposed by faith. If, however, one is 
moved to contrition by a particular motive, namely, the pecul- 
iar malice of some sin even when this malice is made known to 
us by faith, it is better to add a universal motive either of fear 
or of the malice residing in all sin, so that the sorrow may not 
be insufficient or doubtful for any sin which, having escaped 
observation, w^as not repented of. 

The sorrow which comes from the thought of the temporal 
sufferings of this life may be regarded as supernatural if these 
sufferings are looked upon as infiicted by God, as being signs of 
His anger, and as a sort of foretaste of His eternal punishments 
if we do not amend. Hence the sorrow which comes from the 
thought of earthly pains cannot be set down at once and abso- 
lutely as supernatural sorrow; the supernatural aspect must be 
kept in view, and then the sorrow may be regarded as super- 
natural and sufficient for approaching the Sacrament. Not only 
reason, but faith also, teaches us that in God's providence sin has 
many evil consequences, and that on account of sin God strikes 
mankind with pains and calamities both private and public. 
Moreover, the Council of Trent enumerates among the motives 
of attrition ^'the fear of hell and of punishment," and in the 



104 THE RECIPIENT OF PENANCE 

punishment we are to understand the pains of this hfe, for the 
Council mentions as an example the Ninivites who repented of 
their sins, moved by fear of the destruction of their city, which 
had been prophesied by Jonas, unless they did penance ; nor are 
the Ninivites the only instance where God has threatened tem- 
poral punishment in order to frighten sinners and move them to 
penance. Not all theologians, however, admit temporal punish- 
ments as motives of supernatural sorrow (among them Vasquez 
and Toletus) ; they try to weaken the argument drawn from the 
Council of Trent by asserting that the Council does not speak of 
two motives, which apart from one another can give rise to suffi- 
cient contrition, but that the words are to be taken conjunc- 
tively, so that the fear of earthly punishments must be joined 
to fear of the pains of hell, since the latter only are made known 
to us by faith. Our proof is in no way invalidated by this argu- 
ment; besides, many theologians, and those the most famous, 
stand by the first view, so that it may be considered as the senten- 
tia communis. The words of one of them, the eminent Suarez, 
may be quoted here. He writes : ®^ '^ Hence I infer that such 
sorrow [as is required for the valid reception of the Sacrament 
of Penance] must proceed from a divine and supernatural mo- 
tive. That a temporal and human sorrow is not sufficient is 
plain from the words of the Council of Trent, and the reason is 
not to be misunderstood, for such a motive does not deprive 
the will of the affection towards sin." And in another place he 
WTites: ^^Vega (1. 13 in Trid. c. 14) concedes that sorrow based 
on the fear of other punishment apart from hell-fire is sufficient 
for attrition. This view is correct if we suppose that the fear 
is not merely human and natural. Granted that the pains be 
only temporal, if they are considered as inflicted by God, as pro- 
claiming God's anger, as being a foretaste in some way of the 

«i De Ponnit. Disp. 20, Sect. 2, n. 10. Cf. Lugo, De Poeiiifc. Disp. 5, n. 
137; S. Alph. L. VI. n. 443; Ballerini, Op. Theol. Mor. 1. c. cp. I. n. 105- 
110. 



THE NECESSARY QUALITIES OF CONTRITION 105 

divine punishments in the next life if we do not reform, they 
can move us to a supernatural sorrow which may fairly be classed 
with the sorrow which is based on the fear of hell; thus we ex- 
ercise the virtue of Christian hope when we look to God for 
temporal benefits in so far as they affect in any way our eternal 
life or fall under the special and supernatural providence of 
God." 

Since, however, the negative proposition denying the efficacy 
of sorrow springing from fear of earthly punishments for recep- 
tion of the Sacrament is the safer one and is not altogether im- 
probable, it is the view which must be adopted in practice ; so a 
penitent should not confine himself to the thought of the tem- 
poral penalties, but use it to proceed to the consideration of the 
divine justice as revealed in eternal penalties, ^^for," as Lugo 
expresses it, " this consideration will create the fear of God, who 
can inflict both one and the other penalty." This last reflection 
will certainly move him to a determined resolution to avoid sin 
as the greatest of evils, and to avoid it even if that involves other 
suffering. If, however, a man dwell on the thought of the suffer- 
ing which his sins have drawn upon him, or on the suffering 
which usually follows in the train of sin, he will not necessarily 
be induced thereby to resolve steadfastly to shun sin more than 
any other evil ; for it is possible that the avoiding of sin may 
involve him in greater misfortunes in this life than those which 
would come from committing the sin; and it is impossible that 
the fear of a less evil will effectually nerve a man to endure the 
worse evil. Nevertheless the sorrow and purpose of amend- 
ment, if they are to be of any use for justification, must be such 
as to determine the man implicite to endure all the evils of this 
life rather than commit sin; and though the penitent is not 
obliged to reflect explicite on the matter, yet the motive of his 
sorrow and amendment must be so powerful that, as long as 
this motive is present, it would compel him to choose any suffer- 
ing rather than sin. Finally, it may be mentioned that the con- 



106 TRE RECIPIENT OF PENANCE 

sideration of the temporal suffering is a powerful weapon in the 
hands of the confessor to move an obstinate and unrepentant 
sinner to contrition, and thence to lead him to higher and safer 
motives. ^^ 

3. The sorrow must be universal (universalis), i.e. it must 
extend to all past sins, at least to those which are mortal. No 
single mortal sin can be forgiven unless it is repented of, nor 
without other mortal sins of which one has been guilty being 
forgiven, for none can be forgiven without sanctifying grace; 
but sanctifying grace is incompatible with mortal sin, for it is 
impossible that any one should be at the same time a child of 
God and the slave of the devil, worthy of everlasting reward and 
deserving eternal punishment; because ^4here is no condemna- 
tion to them that are in Christ Jesus " (Rom. viii. 1). Hence it 
is promised in Holy Scripture : ''If the wicked do penance for all 
the sins which he hath committed, and keep all My command- 
ments, . . . living he shall live";^^ and the second Lateran 
Council says, that a repentance would evidently be useless in 
which a man left out several sins and repented only of one ; for 
it is written: ''Whosoever shall keep the whole law, but offend 
in one point, is become guilty of all." He who is attached to 
one sin shall no more cross the threshold of eternal life than one 
who is adcUcted to all possible sins.^* 

There are only two ways of attaining universal contrition ; one 
way is to apply special motives of sorrow to each particular sin, 
the other is to repent of all sins, both the known and the un- 
known, through a universal motive. This universality does not 
require that one should reflect on all his sins so as to elicit an 



62 Lehmkuhl, 1. c. Tract. V. (Sacr. Poenit.) Sect. II. § 2, n. 287; Aertnys, 
1. c. Lib. YI. Tract. V. cp. III. art. 2, n. 179; Scavini, 1. c. Tract. X. Disp. 
I. cp. II. art. 1 ; Gury-Ballerini, 1. c. Tract. De Sacram. Poenit. n. 452, Q. 
VII; Mazzotta, 1. c. Tract. VI. Disp. I. Q. 3, cp. 3, § 1, n. 2. 

63 Ezechiel xviii. 21. 

64 Q 22. 



THE NECESSARY QUALITIES OF CONTRITION 107 

act of contrition for each particular sin; this is necessary only 
if a man confines himself to those motives which of their own 
nature do not apply to all mortal sins. In practice, however, 
it is strongly recommended to base the sorrow on universal 
motives. If, then, a man is sorry for his sins, his mortal sins at 
least, from a universal motive, and afterwards recalls other sins, 
he may confess them along with the rest and receive absolution 
for them without having to make a new act of contrition; this 
fresh act would be required if his repentance had proceeded from 
motives peculiar to each sin. Besides there arises at the fresh 
recollections of his other sins in a repentant sinner a renewal of 
his sorrow; this renewal is useful, for it insures a more perfect 
preparation, but it is not necessary. 

AVe must distinguish between the universality of the sorrow 
and the universality of the purpose of amendment. The sorrow 
is general when it extends to all sins committed, at least to those 
which are mortal ; the resolution, however, must be to avoid all 
mortal sins whether they have been committed or not. 

If a penitent has only venial sins to confess, the sorrow need 
not be universal ; it must have, however, the other properties.^^ 
Since venial sin may coexist in the soul along with sanctifying 
grace, the love of God is not lost, and since one venial sin may be 
forgiven apart from others, it is enough in preparing for con- 
fession to make an act of sorrow for one or other of the venial 
sins. Of course in such a case only those sins are forgiven which 
are repented of ; nor is it incompatible with the essence of venial 
sin that a man should be really sorry for one, especially if it be 
peculiarly vile, without being sorry for the rest. 

Still, the penitent should exert himself to be sorry for all the 
venial sins of which he accuses himself. It is no sin to confess 
venial sins for which one is not sorry, so long as materia sufji- 



65 S. Alph. Lib. VI. n. 449, Dub. 2 ; Ballerini, Op. Theol. Mor. 1. c. cp. I. 
De dolore venialiam, n. 96-105. 



108 THE RECIPIENT OF PENANCE 

ciens for which there is actual sorrow is offered to the power of 
the keys. It may be assumed that the penitent, confessing venial 
sins for which he is not sorry, does not care to be absolved from 
them; from these the confessor does not intend to absolve. 
Reasons may exist for confessing venial sins for which there is 
no real sorrow, e.g. in order to practice humility, to be better 
known and guided by one's confessor, etc.^^ 

4. The sorrow must be a sorrow surpassing all other sorrow 
(sovereign, supreme) which shrinks from past sin as a greater evil 
than any in the world, so that a man is prepared to forego every 
good and suffer any evil rather than fall into sin again. This 
sorrow must be supreme appretiative. Yet it is not required 
that the sensible feeling of pain should be infinitely great or sur- 

66 Suarez (De Poenit. Disp. 20, Sect. 6, n. 7) and Lugo (Disp. 14, ii. 48) 
teach clearly that a penitent who confesses (venial) sins for which there 
is no sorrow, along with others without indicating the known defect of 
sorrow, would sin venially by mixing up proper and improper matter. 
Their view, however, is singular and is combated by other theologians. 
In particular Mazzotta (1. c. Tract. VI. Disp. I. Q. III. § 2, v. f.) gives the 
correct solution to the objection that to confess venial sins for which there 
is no sorrow, is a lie and a nullifying of the Sacrament, because the act of 
confessing these sins is exercite a declaration of sorrow for them. He 
replies that, even granting the objection, it is in any case a lie in a matter 
of less moment, and so at the most a venial sin, whence there can be no 
nullifying of the Sacrament. He denies also that such confession is a lie, 
for, in accordance with the feeling and practice of the faithful, the penitent 
by such confession of venial sins states exercite that he is sorry for some of 
them and wishes to be absolved; with regard to the fest he reveals thein 
for his greater humiliation and shame, or in order to disclose tiie state of 
his soul, just as he may also reveal his evil inclinations and irregular desires, 
though they are not sins. Even when a penitent is sorry only for the greater 
sins, and yet says at the end of his confession, " For these and all my other 
sins I am sorry," he tells no lie, for these words have no other meaning in 
their ordinary acceptance than this, that he is sorry for all the sins from 
which he can and wants to be absolved. It is just the same when a man 
confesses many venial sins and is sorry only on account of their groat num- 
ber, for he can easily see a peculiar malice in the habit of comiiiitli;ig such 
venial sins, and on that account can more easily excite himself to sorrow 
for them. Mazzotta, 1. c. ; Lugo and Suarez, 1. c. ; Stotz, Trib, Poenit. I<il'. 
I. Pars II. Q. I. art. 4, n. 20; Lehmkuhl, 1. c. n. 290, 291. 



THE NECESSARY QUALITIES OF CONTRITION 109 

passing all other pain ; nor is it necessary that the heart should 
feel more keenly, or be more disturbed, or be more cast down 
than it would be by some earthly suffering or loss which should 
appeal more immediately to the sensitive faculties. Thus a man 
may experience a more intense and lively sorrow for temporal 
losses, such as the death of a dear friend or relation, and yet his 
contrition may be appreciatively much greater. Of this he 
would give ample proof if he were disposed to avoid sin, even 
though the sin could make good his losses. Hence it is not by 
the acuteness of the sensible suffering that sorrow for sin must 
surpass other pain, but by the displeasure at past sin and the 
determination of the will to endure all kinds of suffering and 
every temporal calamity and evil rather than consent to a single 
mortal sin. The sorrow for sin must therefore be appreciatively 
sovereign, not necessarily intensively so. The intensity makes 
no change whatever in the substance of an act. Though con- 
trition is usually the more perfect the more intense it is, yet the 
intensity ought not to be aimed at, for it would only prepare the 
way for scruples ; moreover, there is no proof that such intensity 
is necessary.®^ 

Though the penitent must have a greater horror of sin than 
of any other evil, it is not necessary that he should make a 
deliberate comparison of it with other evils, and make a vivid 
picture of each particular misfortune, putting to himself the 
question whether he is ready to endure it in preference to com- 
mitting sin. Indeed such a course would be highly imprudent 
and dangerous and Hkely to destroy the real contrition and 
purpose of amendment which he had, as well as to excite an 
inclination for the sin which he detested. Hence when such 
comparisons obtrude themselves on the mind of the penitent, 
he should positively reject them and cling to the absolute and 
unconditional general resolution of never sinning again, helping 

6' Cf . S. Thorn. Suppl. Q. 3, art. 1 ; Stotz, Tribunal Foenit. 1. c. art. IV. n. 
16, 17 ; Ballerini, Op. Theol. Mor. 1. c. n. 110. 



110 THE RECIPIENT OF PENANCE 

himself by the reflection that God's grace will never be wanting 
at the right moment, and resolving with the help of that grace 
never more to sin.*^*^ 

The question whether the sorrow can ever be excessive is 
already answered from the foregoing. The sorrow which is of 
the essence of contrition, i.e. displeasure at our past sins in so 
far as they are an injury to God, can never be excessive; the 
greater our love, the greater must be our displeasure, and love 
cannot be too great. As to the sensible feeling of sorrow which 
is not at all necessary for true contrition, this should never be 
carried so far as to interfere with the duty of self-preservation, 
though as a matter of course there is little occasion to fear that 
sensible sorrow will go so far. For the sensible sorrow over a 
spiritual evil is always somewhat remote and cannot easily be 
so acute as direct physical suffering or as the pain which comes 
from a misfortune appealing chrectly to the senses. ^^ 

As in contrition there is no definite intensity required, nei- 
ther is any certain duration ; for a man may in one moment elicit 
an act of perfect or imperfect contrition; it may be quite sud- 
denly aroused by divine grace, as in the case of David when he 
exclaimed in his sorrow, ^'I have sinned against the Lord," or 
as in the case of St. Peter, who at one glance of Jesus was melted 
into bitter tears. The moment contrition becomes actual it is 
sufficient for absolution. In practice, however, the faithful 
should be urged to spend some time before confession in 
rousing a genuine sorrow that will answer all demands, by re- 
flecting with the help of God's grace on the nature of sin and 
its consequences; moreover, they should be cautioned not to 
be satisfied with a mechanical repetition of an act of contrition. 



®^ S. Thorn. Qnodlib. 1, art. 9 (non mndo imprudentice sed stultitice eum 
morem arguit) ; S. Alph. Lib. VI. n. 433; Stotz, 1. c. ; Ballerini, Op. Theol. 
Mor. 1. c. 11. 116 s. 

69 Cf. S. Tliom. Suppl. Q. 3, art. 2; Martin, Lehrbuch der kath. Moral. 
§ 243. 



RELATION OF CONTRITION TO THE SACRAMENT 111 

otherwise the sorrow may be wanting, or at its best be very 
weak. Yet sorrow is of the highest importance because it is 
the most essential of the actus poenitentis, the very soul of con- 
fession. '° 

15. The Relation of Contrition to the Sacrament. 

Finally, the sorrow must be sacramental, i.e. in connection 
with the Sacrament of Penance. For instance, in order that 
attrition along with the Sacrament may be able to restore a man 
to sanctifying grace, it must be joined with at least the imphcit 
intention of receiving the Sacrament, and coexist virtually with 
the absolution. 

A man who in preparing for confession bewails the sins which 
he has discovered in examining his conscience, makes an act of 
contrition ex intentione implicita of receiving the Sacrament. If, 
however, his sorrow is expressed without any intention of receiv- 
ing the Sacrament or without any thought of confession, he 
must renew his act of sorrow in order to be sure of receiving 
absolution validly, unless he afterwards decides to go to con- 
fession in consequence of the still virtually enduring contrition, 
so that his confession proceeds from his sorrow. Hence the fol- 
lowing conclusions are drawn : — 

I. An act of contrition made without reference to the 
receiving of absolution makes the validity of the absolution 
doubtful. 

II. It is not necessary, however, that the penitent should 
make the act of contrition in consequence of his resolution to go 
to confession. This is the usual practice, it is true, and certainly 
a very good one, but it is enough if by his contrition he be moved 
to make his confession, and if he thus unite his sorrow, still per- 
severing, with the sacramental act. It is also sufficient if the 

■^0 Ballerini, Op. Theol. Mor. 1. c. cp. I. n. Ill ; Lehmkuhl, 1. c. Tract. V. 
Sacr. Poen. Sect. II. cp. I. § 2, n. 285, 3. On the subject of the dolor quo 
nan doleas see Ballerini, 1. c. n. 114 s. 



112 THE RECIPIENT OF PENANCE 

penitent makes an act of sorrow in the interval between the 
confession of his sins and the giving of the absolution. '^^ 

The reason for making these demands upon the penitent is 
that the acts of the penitent are not only an interior preparation 
for, but they are the materia ex qvn of, the Sacrament. The 
sorrow, therefore, must be brought into relation to the Sacra- 
ment ; and since this doctrine is probable and is the common 
teaching, this relation must be established in practice at least 
ante factum, i.e. the confessor must before giving absolution take 
care that the penitent makes his act of sorrow with a view to 
the Sacrament. 

Hence the question amounts really to this r What relation is 
demanded between the act of sorrow and the Sacrament? not 
whether such a relation be necessary; for, on the one hand, it 
cannot be defended with any probability that such relation is 
unnecessary, and, on the other hand, it is not in accordance with 
either truth or prudence that the penitent, before making the 
act of contrition, should estabhsh its relation to the confession 
or be obliged to have the intention of receiving the Sacrament. 

Some sort of bond, however, must exist between the contrition 
and the Sacrament. It is false to infer from the Catholic teach- 
ing of the Council of Trent that the eliciting of the act of sorrow 
or dolor in fieri, as it is called, is the materia proxima of the Sac- 
rament; it is rather the sorrow already elicited or the dolor in 
facto esse, which is the matter of the Sacrament; it is not in or 
by itself proxima materia: it becomes so by means of the con- 
fession and in union with the confession. That sorrow is suffi- 
cient which coexists in any way with the will of receiving the 
Sacrament. In other words, the sorrow must inform the con- 
fession, i.e. make the accusation a penitent or sorrowful con- 

'1 This is in accordance with the Roman Ritual, which, Tit. TIL cp. I 
(Ordo ministrandi Sacr. Posnit. n. 17), says : " After the confessor has heard 
the confession . . . he should try by earnest exhortation to move the peni- 
tent to contrition." 



RELATION OF CONTRITION TO THE SACRAMENT 113 

fession, and apt to effect a reconciliation with God. If then the 
sorrow coexists in any way with the confession and is referred 
to it, that sorrow constitutes proxime the matter of the Sacra- 
ment and there is no necessity for the penitent to have the in- 
tention of confessing before making the act of contrition. In a 
similar way water is the matter of Baptism ; it is not necessary 
that the water should be procured with the intention of con- 
ferring the Sacrament; it is quite enough to take the water 
which comes to hand and to apply it to the sacramental use. 
Now there can be no doubt that the sorrow also, though not 
elicited with a view to the Sacrament, can remain present in 
some way in the soul, and while so present may later on be 
brought into contact with and applied to the Sacrament. A 
man, for instance, who under the influence of his contrition seeks 
an opportunity of going to confession, or makes use of the 
opportunity of going which presents itself, has certainly not lost 
his contrition; he has it rather in greater abundance, though 
he reflects no more on his sorrow, nor even retains any certain 
recollection of it afterwards. 

Lacroix has no sufficient reason for demanding that sorrow 
must be aroused with the view of going to confession, saying 
that otherwise the sorrow would not be a sacramental act, 
just as the pouring of water made without the intention of 
baptizing, though referred immediately afterwards to the bap- 
tismal act and the form added, is not a sacramental function. 
The comparison, we answer, is not to the point, for the sorrow 
is not in et per se materia proxima as is the pouring of the water 
in Baptism. If, however, a man poured out the water with some 
other intention, and then still in the act of pouring formed the in- 
tention of baptizing, the Baptism would be valid. The same 
argument holds for penance; hence that sorrow is sufficient 
which coexists in any way with the wish to receive the Sacra- 
ment. 

In the case quoted above where the penitent first confesses his 



114 THE RECIPIENT OF PENANCE 

sins and then makes his act of sorrow before receiving the Sac- 
rament, or when he is moved to contrition by the words of his 
confessor, a difficulty may arise, since the confession must be a 
sorrowful one. Such an enumeration of the sins cannot, of 
course, be considered as informed by sorrow; the humble de- 
mand for absolution, however, takes up the accusation again 
and perfects it ; and makes it materia proxima of the Sacrament. 

If, on the contrary, the sorrow has been ehcited with no idea 
at all of confessing the sin, there is reason for doubting whether 
an act so completely independent of the confession will become 
materia of the Sacrament. Absolution cannot be demanded in 
face of the probability of such an essential defect; yet one can 
hardly acquire sufficient certainty of the existence of such de- 
fect to make the repetition of the confession obligatory. "^^ 

III. The sorrow must coexist at least virtually with the ab- 
solution if it is to be sacramental. This virtual coexistence is 
secured if the sorrow is excited immediately before the accusa- 
tion or the absolution, or even one, two, or four hours before 
confession; and St. Alphonsus admits that real sorrow may 
last one or two days and still be sufficient for absolution, when 
it comes from the desire of being reconciled with God, or when 
it urges a man to go to confession in order to avoid the sins along 
with the occasion of them. On the other hand, a sorrow re- 
moved by so long an interval would not be sufficient for vahd 
absolution if the confession were made out of mere devotion, or 
in fulfilment of a vow, or for some similar reason. In these 
latter instances one or two hours is the widest hmit which could 
be assigned for the virtual duration of the contrition. Hence 
we must condemn the teaching of some moralists that the act 

72 S. Alph. Lib. VI. n. 447; Ballerini, Op. Theol. Mor. 1. c. cp. I: an 
dolor ordinandus ad sacramentum, ii. 120-129 ; Lehmkuhl, 1. c. Sect. II. cp. I. 
§ 1, n.280; Gury-Ballerini, Compend. Theol. Mor. Tract, de Sacr. Pcen. 
art. I. § 1, n. 447, Q. 7; Suarez, De Poenit. Disp. 20, Sect. 4, n. 29; Lugo, 
De Poenit. Disp. 14, ii. 37-40; Vindic. Alph. p. 935, n. 108 et pp. 411-418 ; 
Aertnys, 1. c. Lib. YI. Tract. V. cp. III. art. II. ii. 179, Q. 4. 



RELATION OF CONTRITION TO THE SACRAMENT 115 

of sorrow endures over an unlimited time, and that it is quite 
sufficient if it is not retracted in the interval. Of course the act 
of contrition loses completely all its value for absolution by any 
retraction; and sorrow is retracted expressly by any new com- 
placency in the sin or by any fresh mortal sin. 

The reasons for the doctrine just given have already been laid 
down in the preceding paragraphs on the relation between con- 
trition and absolution. The theologians fall back in particular 
on the analogy between the civil and sacramental tribunals. As 
in a civil process some time may elapse between the hearing of 
the case and the passing of the sentence without invalidating 
the sentence, so some interval may elapse between the sorrow 
and the absolution by which sentence is pronounced ; this delay, 
however, must not be too long."^^ 

In practice the priest must teach the faithful and insist on 
their renewing the act of sorrow immediately before confession, 
if it is some time since they made it, and also on a due amount of 
time being given to eliciting contrition, since the fruit of the 
Sacrament is more abundant in proportion to the care taken in 
preparing for it. 

In the case, however, where confession has been made with 
genuine sorrow but without the necessary reference to the Sac- 
rament, the penitent should not be obhged to repeat the confes- 
sion, for the other view with regard to the sorrow, that it is not 
materia sacramenti, but only a disposition on the part of the 
penitent, is not altogether without probability; besides it is 
scarcely probable that the former act of contrition has not been 
renewed when the man intended to confess, and that it has no 
sufficient coexistence with the confession, or at least with the 
intention to confess. Only when there is danger of death or 
any risk of the penitent dying before receiving absolution 
again, the safer course, as far as possible, should be adopted; 

•^3 S. Alph. Lib. YI. n. 4i6 ; II. Ap. Tract. 16, n. 20. 



116 THE RECIPIENT OF PENANCE 

for on such important occasions prudence counsels us to guard 
against even slight doubts, so as not to jeopardize our eternal 
salvation. 

It is certain, as we remarked above, that the act of contrition 
is retracted by a fresh mortal sin, and its effect, in consequence, 
no longer endures. It is not so easy to settle the question, with 
regard to venial sins, as to whether the sorrow for venial sin based 
on a universal motive is revoked by a fresh venial sin, or whether 
the sorrow continues. If it is conceded that the sorrow is re- 
voked, scruples may easily arise if the sorrow has not been 
renewed immediately before confession. This practice is very 
good; but not necessary, if the fresh venial sin is less grievous 
than those which the penitent intended to confess when he made 
his act of sorrow. "^^ 

There is still another question to consider. An act of contri- 
tion is made, extending to all past sins, those which are forgotten 
as well as those which are remembered; must this be renewed 
if the penitent afterwards confesses the forgotten sins and de- 
sires a second absolution ? 

A renewal of the sorrow in this case does not seem necessary, 
provided that the sorrow in the first confession extended to all 
past sins, even those which by chance had escaped the memory; 
for in this case the process was not objectively complete. The 
sorrow and the implicit intention of receiving absolution were 
applied to all sins, even those inculpably forgotten; and as the 
renewal of the sorrow would not be at all necessary if the peni- 
tent, after making an act of contrition on universal grounds, 
recalls just before the absolution some sins forgotten and con- 
fesses them before the absolution is pronounced, so it is not 
necessary in the case mentioned, since it is much the same 
whether one receives many particular absolutions or a general 
one embracing all the sins. Such is the view of the greater number 

•^4 Cf. Tamburini, Method, conf. Lib. I. cp. 3, § 4 ; Lehmkuhl, 1. c. Sect. 
II. cp. T. § 1, n. 281. 



n ELATION OF CONTRITION TO THE SACRAMENT 117 

of the moralists. Lugo, St. Alphonsus, and Renter may be men- 
tioned particularly as favoring it ; St. Alphonsus calls this teach- 
ing communis, Roncaglia moraliter certa, Sporer, Elbel, and many 
others probahilissima ; it has been declared even induhitata apud 
omnes; pro ea stat, says Lugo, communis praxis. If in this case 
one or two confessors perhaps insist on the renewal of the sor- 
row, the greater number agree in acting differently or in suggest- 
ing it merely as a piece of advice. 

The champions of the other view urge that the case is closed 
by the first absolution ; if then absolution is to be given again, a 
new materia proxima is required, and even if the sorrow continue, 
it has no relation to the second absolution. It is easily seen that 
this is not a strong reason. '^^ Yet though the renewal of the sor- 
row be not necessary for the validity of the absolution, it is ad- 
visable to make again the act of sorrow, which is easy to do and 
certainly increases the grace. The confessor deals prudently 
with a penitent under such circumstances when he requires him 
to make a short renewal of his act of contrition. '^^ 

The doctrine just developed is not only adopted ex communi 
senientia in the case more or less frequent, where a mortal 
sin which had been forgotten is confessed immediately after or 
very soon after absolution, but also in two other cases. For 
instance, a penitent in immediate danger of death must be 
absolved after one or two sins have been confessed ; after this, if 
he be still alive, the confession is continued and completed. The 

^5 Cf. Guvy-Balleriui, II. 1. c. n. 448; Bailer. Op. Theol. Mor. 1. c. cp. I. 
n. 129 ss. ; Aertnys, 1. c. ; Lelimkuhl, 1. c. u. 282 ; Mazzotta, 1. c. Tract. VI. 
Disp. I. Q. III. q. I. § 3. 

^6 Miiller (1. c. Lib. III. Tract. II. § 116) founds his advice as to renew- 
ing the act of sorrow on the rule i7i praxi tutius est sequendum, since it is a 
case of securing the validity of a Sacrament. He is in error, however, for 
the other (affirmative) opinion hardly deserves to be considered probable on 
account of the very weak grounds on which it rests. We must at the same 
time remember that the penitent in this case is certainly justified, and that 
he has fulfilled the divine precept of demanding direct absolution for all his 
sins vv'hen he confesses his sins in accordance with the first opinion. 



118 THE RECIPIENT OF PENANCE 

other example is when a penitent (a very rare case) is absolved by 
his superior from the reserved sins only, and from the remain- 
ing sins by another confessor. "^^ 

The result of this doctrine ought not to be, however, that con- 
fessors and penitents become less solicitous about contrition for 
sins already remitted by the Sacrament. It may, however, as 
Ballerini remarks, be very useful in quieting scruples, especially 
of those who accuse themselves of venial sins and in addition 
tell some mortal sin already confessed and absolved ; for if there 
is little ground for doubting the sorrow for past mortal sins in a 
penitent who has usually only venial sins to confess, and shows 
by his constant victories over temptation his aversion to mortal 
sin, yet certain anxious penitents are frequently troubled with 
scruples about their want of contrition, especially if they happen 
to hear a preacher who, with a zeal sometimes devoid of pru- 
dence, condemns the repeated confession of past sins made 
without true contrition. Such scruples may be overcome by 
various means, but especially by the doctrine just given. ^^ 
To conclude with a few practical questions : — 
1. How must the confessor deal with a penitent who thinks 
he has only very slight contrition ? He must first of all not be 
too hasty in deciding that this penitent is indisposed and with- 
out the necessary contrition ; there are men whose hearts are so 



■^■^ Compare § 42 ; Gury -Ballerini, 1. c. This doctrine is pushed still 
farther, and it is taught that a man may be absolved several times from 
sins, even though he has confessed them or other sins two or three times 
without renewing his contrition, so long as he has not revoked the contri- 
tion, and so long as it remains habitual and virtual. This is not to be 
understood as though the absolution may be given after the lapse of weeks 
and months on the strength of a single act of contrition; this would be a 
very doubtful proceeding, since the virtual continuance of tlie sorrow which 
is required is not to be understood of the mere habitual disposition of the 
heart, but only of the virtual existence which may still intentionally unite 
the sorrow with the absolution. Cf. Tamburini, 1. c. Lib. I. cp. 2, § 5 ; 
Lehmkuhl, 1. c. n. 282. 

■^8 Gury-Ballerini, 1. c. n. 447, Nota a. 



RELATION OF CONTRITION TO THE SACRAMENT 119 

hard and inaccessible to sensible impressions that it is only with 
difficulty and at rare intervals that they are moved to a sensible 
sorrow, and such are easily inclined to think that they have not 
the proper dispositions. The confessor must remember that the 
feeling of sorrow is not at all required, but that a real grief over 
the past life and an earnest desire to amend are sufficient; he 
must satisfy himself that these dispositions are present and can- 
not demand more. He may, moreover, reasonably assume the 
presence of these dispositions in the penitent if the latter be will- 
ing to hsten to warning and instruction, if he has at any time 
really endeavored to amend, if he is ready to perform the pen- 
ance imposed, and to carry out other prescriptions of a like 
nature. "^^ 

2. When with regard to former confessions the priest wishes 
to ascertain whether the penitent has had real sorrow, the fol- 
lowing points may serve as indications : — 

(a) If the penitent has made use of the means suggested to 
him for overcoming the sin. 

(h) If he has avoided at least the proximate occasions of sin. 

(c) If the number of sins has become less. 

(d) If the penitent is convinced that he had real sorrow and 
purpose of amendment; for it is a first principle in the Sacra- 
ment of Penance that the penitent's word is to be taken, since 
he is there his own accuser and witness. ^° 

The priest must act here with great prudence so as not to 
frighten away the penitent, and at the same time not to indulge 
in an indiscreet leniency by which he would himself commit sin 
and involve both the penitent and himself in ruin. 

3. It is not easy for the confessor to discover when the peni- 
tent has not real contrition; the following directions, which 
Cardinal Denoff in his pastoral brought to the notice of all the 
confessors of his diocese, may be of use : — 

■^9 Scavini, 1. c. Tract. X. Disp. I. cp. II. art. I. Adnot. 
80 Cf. Stotz, 1. c. art. VI. n. 114. 



120 THE RECIPIENT OF PENANCE 

(a) If the penitent approaches with a proud bearing as though 
despising the minister of Christ. 

(5) If he answers with impatience and anger the questions 
which the confessor is bound to put. 

(c) If in the course of his confession he constantly makes 
excuses and accuses others more than himself. 

(d) If he mentions the gravest sins as though they were 
ordinary occurrences. 

(e) If it is evident that he is trying to conceal a mortal sin 
which the confessor in the course of his examination has de- 
tected. 

(/) If he refuses to accept a penance proportioned to the 
number and gravity of his sins, and given with all consideration 
for his circumstances. 

(g) If he is unwilling to employ the necessary means to 
reform. 

Qi) If, finally, he belongs to the number of those unhappy 
sinners who seek ignorant or easy-going confessors, with a view 
of getting absolution only, without any intention of reforming. ^^ 

4. If the priest has to deal with an obstinate sinner, he must 
discreetly unite mildness and severity, but above all pray to 
God for him, since every good gift comes from the Father of 
light. He may picture to him God's great mercy and the love 
of Jesus to give him courage; or he may try to soften the hard- 
ness of his heart by reminding him of God's justice (cf . S. Alph. 
Praxis Confessar. cp. I). 

81 Cf. Scaviiii, 1. c. Adnotat. n. 191, and Tnicchi, Metodo practice per la 
facile e sicui-a aiiiiiiiuistrat. del Sacr. della Penit. 



CHAPTER II 

THE PUEPOSE OF AMENDMENT 

16. Necessity and Nature of the Purpose of Amendment. 

According to the decision of the Council of Trent, as we have 
seen above, the resolution to amend as well as contrition is re- 
quired for the valid reception of the Sacrament. With a true 
sorrow for sin is always conjoined the resolution to avoid it, 
so that we may say with regard to past sins sorrow means grief 
and horror, with regard to the future it means the resolution 
to amend. For instance, a man who hates the sin he has com- 
mitted, because it is sin and in so far as it is sin, i.e. because it 
is an offense against God and the greatest misfortune which 
can befall a mortal, naturally extends that sorrow to everything 
which involves sin, and so to the sins of the future, since they 
offer the same grounds for hatred as the rest. 

Now amendment is effected by the deliberate intention 
never to sin again for the future. A distinction is drawn be- 
tween the express or formal resolve (propositum explicitum seu 
formale), as when, for example, a man thinks upon his future 
life and resolves to sin no more, and the implicit resolve con- 
tained in the sorrow {propositum. implicitum seu virtuale) ; the 
latter is present when a man, without thinking upon his future 
life, repents of his sin in such wise that, if asked whether he in- 
tends for the future to avoid sin, he would most certainly answer 
in the affirmative. 

It is a disputed point among theologians whether for the 
validity of confession an express (formal) resolve is necessary 
or one included in the act of contrition (a virtual resolve) is 

121 



122 THE RECIPIENT OF PENANCE 

sufficient. Some teach absolutely (very few, however) that 
an express resolve is necessary, and appeal to the Council of 
Trent as requiring this condition, since, after defining the act 
of contrition, it adds the words: Cum proposito non peccandi 
de ccetero} 

This argument is successfully invalidated by Cardinal Lugo,^ 
who, in addition, brings convincing testimony that the very 
opposite conclusion may be drawn from the teaching of the 
Council. Since, moreover, as Ballerini shows in his notes on 
Gary's text, only a very few theologians adopt that view, it can 
hardly lay any claim to probability.^ 

Other theologians teach absolutely that an express purpose of 
amendment is not necessary if the contrition proceed from a 
universal motive ; ^ an implicit resolution is sufficient, and Lugo 

1 Sess. XIV. cp. IV. 

2 De Poenit. Disp. 14, n. 52 s. 

3 Ballerini points out particularly that the older theologians, as Petrus 
Lombardus, St. Thomas, Blessed Albert, Scotus, Durandus, were quoted 
without reason as upholders of this view, for, though they insisted on the 
necessity of some sort of purpose of amendment, they made no distinction 
between a formal and a virtual purpose. Cf. Bellarmin, De Poenit. Lib. 
II. cp. 6. Moreover, Suarez, Cajetan, Bonacina, Henriquez, and Gregory 
of Valentia are wrongly quoted in favor of this view; they taught the very 
opposite. Cf. Ballerini, Notae, 1. c. ad n. 462. 

^ The purpose of amendment must be universal, and, as we shall show 
later, with a universality distinct from that of the contrition. If the sorrow 
proceeded from a particular motive which nee actu nee virtute extended to 
the other sins, it is clear that the resolution to amend implied in such sorrow 
could hardly be universal. If, for example, a man conceived sorrow for the 
sin of impurity only on account of the peculiar ugliness of that vice, the 
purpose of amendment contained in such a sorrow would suffice indeed so 
far as it applied to impurity, but not for other sins, because the motive is a 
particular o!ie not extending to other sins. If, then, the sorrow is based on 
some particular motive, an explicit purpose of amendment must be made 
extending to all sins. 

If the sorrow proceed from a general motive applicable to all sins (if a 
man, for example, is sorry for having committed a serious theft because it 
is a grave offense against God), it is impossible that he should be willing to 
offend God again by any other grave sin, for in consequence of his act of 
contrition he hates and detests whatever offends God. Whoever heartily 



NATURE OF THE PURPOSE OF AMENDMENT 123 

calls this opinion communis inter recentiores. Indeed most of 
the theologians endorse it. Ballerini cites seventy-three by 
name, with the passages in which they express their views.^ 
It is also founded on solid intrinsic grounds, for, according to 
the doctrine of the Council (loco citato), attrition which excludes 
the desire of sinning is sufficient for the valid reception of the 
Sacrament ; but, as we have seen, attrition excludes the desire 
of sinning, even when there is no formal purpose of amendment, 
for it detaches the heart of man from sin, and not only from 
past sin but from all sin.^ 

Finally, there are theologians who distinguish and say: If a 
penitent advert to the future, he must make a formal resolution 
to amend; if, however, as in the case of the dying, no thought 
of the future occurs to him, a formal resolution is not necessary ; 
for it is hardly possible that a penitent who is really sorry for 
his sins and thinks upon the future should fail to make an 
express and formal resolve to amend. Yet this may very well 
happen, as Ballerini observes, to pious people, especially to such 
as are careful to avoid even slight deliberate venial sins, and 
are accustomed to make acts of sorrow for defects and to start 
afresh on the right way; for in them the resolution to avoid 
sin is not made just for the time when they prepare for confes- 



detests his sins from a universal motive will be slow ever to fall into them 
again ; for no man will do that which he hates as an offense against God. 
" But when the Council of Trent speaks of the purpose of amendment, it 
speaks of it in the same way as of the resolution to go to confession and 
make satisfaction, and this need not be explicit. As it is sufficient that 
this resolution be virtual, it is also enough to make a virtual resolution of 
i-eforming one's life and sinning no more ; it is always a real resolution, 
though it be only a ' virtual one.' And since eminent authorities interpret 
the Council of Trent in this manner, we may without misgiving follow their 
decision." Stotz, 1. c. Lib. I. P. IT. Q. II. art. III. n. 88 ss. 

5 Ballerini, Notee ad n. 462, j)p. 348-356 (Ed. Romana, 1887), and Opus 
Theolog. Morale, 1. c. (An sufficiat propositum virtuale), n. 143-155. 

6 This is also the doctrine of the Council held at Rome in 1725 under 
Benedict XIII in the Lateran Basilica. 



124 THE BECIPIENT OF PENANCE 

sion, but it is rather an enduring habit of mind. Hence it is 
not matter of surprise that they should not think of renewing 
and confirming their resolution. Suarez makes this clear 
when, in speaking of perfect contrition, he asks whether an 
act of perfect love suffices for justification, or whether also an 
act of sorrow for sin be necessary; he replies that per se both 
are required, but that per accidens the act of perfect love suffices, 
for whoever makes an act of perfect love is undoubtedly restored 
to grace; but that if a man be conscious of sin, he is in duty 
bound to reestablish his right relation to God and to make a 
formal and explicit act of displeasure and hatred with regard 
to the sin ; to neglect this duty would prove that he had no real 
love. In a similar way the sinner who mourns for his past sins 
is naturally prompted to make a resolution of avoiding sin; 
hence the voluntary neglect of the purpose of amendment renders 
the act of contrition very suspicious.^ 

After exposing the three views which have divided theo- 
logians on this point, St. Alphonsus concludes : The last ' two 
views are certainly the more probable ; but since the first has 
also a certain probability, it must in practice be followed ante 
factum. He holds that a penitent would be obliged to repeat 
his confession if he had confessed in good faith without an ex- 
press purpose of amendment, though with real contrition such 
as would include a virtual purpose; his argument being that, 
since the first opinion is sufficiently probable, a penitent who 
had certainly incurred mortal sin is bound to avow the same 
in a confession that was certainly and not merely probably 
valid. ^ Now, as we have shown above, the first opinion can 
hardly lay claim to any probability, though the holy Doctor 
concedes it as such mainly because he was misled by Lacroix 
into believing that he had distinguished authorities on his side. 



7 Suarez, De Poen. Disp. 20, Sect. 4, u. 33. 

8 S. Alph. Tlieol. Moral. Lib. VI. n. 450. 



NATURE OF THE PURPOSE OF AMENDMENT 125 

Besides, St. Alphonsus teaches in another part of his Moral 
Theology (1. c. n. 505) that the penitent should not be obliged 
to repeat his confession unless there be a moral certainty of its 
invalidity — a doctrine quite in accordance with the sententia 
communis and with excellent reason maintained by Lacroix, 
Gobat, etc., in opposition to Antoine, one of the most conspicu- 
ous rigorists of his time. 

In the case under consideration it may be decided with moral 
certainty that a confession made with a virtual purpose of 
amendment is rather valid than invalid, especially since, ac- 
cording to St. Alphonsus himself, the champions of all these 
opinions unite in declaring that a confession made without an 
express resolution of amendment need not be repeated, for they 
would certainly have decided for the repetition if they had 
thought such a confession invalid. Hence theologians deny 
communissima sententia that a formal purpose of amendment 
(if the contrition is based on a universal motive) is necessary 
necessitate sacramenti; they admit that confessions are valid 
without the express purpose of amendment. Add to this that 
St. Alphonsus in his Homo Apostolicus taught that confessions 
made with only a virtual purpose of amendment need not be 
repeated.^ 

We conclude with the following principles : — 

1. In order to receive the Sacrament validly and to share in 

^ The Turin edition of his Moral Theology defends the doctrine held in 
the present work, and shows that the holy Doctor was always expending 
labor on the text of the Moral Theology and correcting it up to the end of 
his life. Aertnys, moreover, declares (appealing to S. Alph. Theol. Moral. 
Lib. I. n. 5:3, Lib. 111. n. 700, and Lib. VI. n. 505) that there is no obliga- 
tion of repeating the confession; and Marcus (Institut. Moral. Alphons. P. 
m. Tract. V. Diss. II. cp. I. art. II. n. 1680) adopts Scavini's view : In 
prnxi no one need be disturbed in this matter, since it can hardly happen 
that a really contrite penitent will omit the formal purpose of amendment. 
Miiller (1, c. § 117) requires for the validity of the confession a formal reso- 
lution to amend, and maintains that confessions made without the formal 
resolution are to be repeated. 



126 THE RECIPIENT OF PENANCE 

its essential effects, a virtual or implicit purpose of amendment is 
sufficient if the sorrow proceed from a universal motive. 

2. If confession has been made without a formal and express 
purpose of amendment, there is no obligation to repeat the con- 
fession as though it had been invalid. 

3. The faithful should be taught and urged to make a formal 
resolution of amendment in the course of their preparation for 
confession. 

The reason of this last prescription is not so much to be found 
in any doubt with regard to confessions made without the ex- 
press purpose of amendment, but to secure a more abundant 
fruit from the Sacrament. We shall certainly with the grace 
of God make more earnest endeavors to avoid sin and to reform 
if we expressly, deliberately, and with all our heart resolve to 
avoid sin. Indeed, as Lehmkuhl justly observes, apart from 
the grace of the Sacrament and the instruction and advice of 
our confessor, the frequent reception of this Sacrament serves to 
secure us against relapse, for our wills need a frequent stimulus 
to remain firm in the hatred of sin. Not infrequently one cause 
of our relapses is a weak purpose of amendment.^^ 

17. Properties of the Purpose of Amendment. 

The purpose of amendment must have the three following 
properties: it must be absolute or firm, efficacious, and uni- 
versal. We shall consider these properties in detail. 

The purpose of amendment must, first of all, be 'firm, 
answering to the contrition which detests sin above all other 
evils; so that a man under no circumstances, neither through 
fear of any evil or love of any good will think of swerving from 
his resolve. Thus the purpose of amendment is not a velleity, 
not a mere wish or a vague desire; it must be an absolute, 
fixed determination never to sin again; otherwise the penitent 

10 Lehmkuhl, 1. c. n. 298. Cf . Stotz, 1. c. n. 92. 



PB0PEBTIE8 OF THE PUBPOSE OF AMENDMENT 127 

would not really detest sin nor really and thoroughly turn 
to God. 

The resolution must then be so fixed that the penitent is re- 
solved to overcome all the difficulties which may oppose its 
execution. The confessor will prudently refrain from placing 
before the penitent all the difficulties which will have to be 
faced in keeping the resolution or from revealing to the penitent 
all his obligations, if the latter be bona fide ignorant of them; 
''for/' says Suarez, ''he might expose the penitent to the obvious 
danger of making no resolution, but rather of sinning again." 
It is enough, continues the great theologian, if the confessor 
pictures to the penitent in general terms the hatefulness of sin, 
the goodness of God, the danger of eternal damnation, etc., and 
that the penitent in consequence of the exhortation forms a 
general resolution never to fall again into mortal sin." The 
advice which Cardinal Cajetan gives to confessors is in much 
the same strain: They should not, he says, lead their peni- 
tents into temptation by their excessive and imprudent zeal 
in asking whether they are resolved to avoid sin even at the 
risk of suffering the greatest misfortunes, loss of goods, of 
health, or even of life itself; for questions of this kind would 
prove a snare to many penitents. His office should be rather 
to persuade them to love God above all things, and in conse- 
quence of this love to repent of their sins and avoid them for 
the future. In this way h3 will inflame the hearts of his peni- 
tents, without leading them into danger. ^^ 

The celebrated Lugo reminds us of the weakness of the human 
heart; the confessor is to take this weakness into account in 
dealing with the penitent, and not put before him singly and 
explicitly enormous difficulties which he should be ready to 
overcome rather than commit sin. In another place, treating 



11 Suarez, De Poenit. Disp. 32, Sect. 2, n. 2. 

12 Cajetan, Card. Sum. V. Confess, ad 12 qualit. 



128 THE RECIPIENT OF PENANCE 

of penitents given to ambition and sensuality, who have re- 
nounced their sins in confession though without great sorrow, 
but, conquered by the strength of their passion which they have 
only resisted feebly, have relapsed easily when occasion offered, 
he says: ^'Indeed we do not dare to represent clearly in detail 
the temptations or occasions of sinning which may occur, in 
order that the penitent may make his resolutions on each point, 
for there is good reason to fear that he will fail to retract his 
former sins even in confusoJ'^^ 

It is then sufficient per se that the penitent resolve in confuso 
to sin no more ; a resolution of this kind, however, may be easily 
defeated by the contemplation of a peculiar difficulty. For 
this reason the penitent should renew frequently and earnestly 
his resolution never to sin again; if he do this and also pray, 
there is reason to hope that he will b© victorious in the actual 
moment of trial. Men of strong will and steadfast heart may 
put before themselves and contemplate with their eyes open 
the difficulties in the way of avoiding sin and reforming their 
lives, and such conduct is helpful in the spiritual struggle, unless 
the subject be one in which the heart is vehemently carried 
away or where victory consists in flight. To conjure up diffi- 
culties and to review temptations which might disturb weak 
minds and lead them into danger ^^ serves no good purpose and 
is not to be recommended. 

From the foregoing it is abundantly evident : — 
1. That the Jansenists and rigorists are wrong in maintain- 
ing that relapse into sin is a sign of a want of purpose. The 
resolution depends on the present frame of mind which, how- 
ever strong it is, may easily waver. ^^The fact of a man 
sinning again does not prevent his former sorrow from having 
been real; as a man may be now seated who has been running, 

13 Lugo, De Poenit. Disp. 7, n. 288. 

1* Compare Lehmkuhl, 1. c. Tract. V. Sacr. Poenit. Sect. IT. cp. T. § 3, n. 
295. 



PBOPERTIES OF THE PURPOSE OF AMENDMENT 129 

SO a man may fall into sin who has been truly repentant; 
the nature of a former act is not changed by a subsequent act/'^^ 
And the Rituale Romanum ^^ directs, as of great utility, to advise 
those who easily relapse into sin to confess often, once a month, 
or on certain feasts, and also to communicate; it presumes that 
such people in spite of their relapses have made good confes- 
sions; otherwise the penitent would be obliged to repeat his 
confessions as being invalid every time that he relapsed, which 
w^ould certainly be opposed to the practice and universal belief 
of the faithful. If, however, a penitent relapse without any 
effort to overcome himself, it may be taken as a sign that he 
had no fixed determination, or there is ground for a suspicion, 
at least, of its absence; any one who is really determined to 
avoid sin will not easily forget his purpose; he will resist for 
some time at least, and will fall less easily and less often/^ 

2. Even if a penitent is conscious of his own weakness and 
knows that he will relapse in spite of his resolution and in spite 
of earnest effort, he cannot be considered as giving undoubted 
signs of weakness of purpose. It is only the rigorists who 
demand a firm conviction of not falling again. 

If, however, a penitent is so afraid that he will fall again, 
or so convinced that he will repeat his sin as to despair of reform- 
ing, he cannot be absolved; not only does he fail in resolution 
— there is a fair suspicion at least that he has no fixed deter- 
mination — but he distrusts God's grace which is ever at hand, 
and, as experience proves, is always efficacious in helping men 
of good will to overcome difficulties and obstacles. Before 
giving such a penitent absolution he must be taught the fatal 
error of his ways, moved to sorrow for his despair, for such 

15 S. Thomas, III. Q. 84, a. 10 ad 4. Compare S. Bonaventure in TV. 
Sent. Dist. 14, p. 1, d. 4 ; S. Alph. Praxis Confess, cp. 1, n. 20 ; Theol. Mor. 
Lib. VI. n. 451. 

16 Tit. III. cp. I. De Sacr. Poen. n. 19. 
1"^ Cf. S. Alph. Lib. VI: n. 459 



130 THE RECIPIENT OF PENANCE 

despair is sinful, and exhorted to great confidence in God's 
grace. This is the doctrine of St. Alphonsus/^ in which, as 
he himself confesses, he follows Busenbaum/^ Concina, and 
Lacroix.^^ 

If, finally, the penitent has misgivings from his previous 
experience of relapses, but not so strong as to deprive him of 
all confidence, he is not to be classed at once as indisposed; the 
confessor must persuade him to make a firm resolution against 
sin and encourage him to have confidence in God's grace. If 
he succeed in arousing hope in him, and the penitent promise 
to have recourse to prayer in temptation, it is better to give 
absolution at once than to put it off. This class of penitents 
should be encouraged to confess frequently, for there is reason 
to hope that they have a fixed determination to improve ; there 
is no presumption for the opposite view, since a strong resolu- 
tion to avoid sin is quite compatible with the fear of a possible 
relapse.^^ 

Still less would it be a sign of want of the requisite dispositions 
if the confessor were persuaded that the penitent could hardly 
be saved from a relapse; this conclusion may be drawn with 
moral certainty, or, at least, on strong presumption, from the 

18 Theol. Mor. Lib. VI. Tract. IV. De Poen. n. 451. Cf. Ballerini, Op. 
Theol. Mor, 1. c. n. 162. 

19 Medulla Theol. Mor. Lib. VI. Tract. IV. De Sacr. Poen. cp. 1. 

20 Lib. VLp. 2, Ti. 1822.' 

21 This may be regarded as the communis theologorum doctrina ; indeed 
many theologians (St. Alphonsus mentions among others loco citato Lay- 
mann, Sporer, Suarez, Henriquez) hold that a penitent who believes {credat) 
that he will fall again can always and absolutely be considered as being in 
good disposition. They do not mean by this a despair of reform, but rather 
a grave fear which may be consistent with a firm hope in the aids of grace 
and a fixed determination of never sinning. Besides, as Lacroix explains, 
the phrase si credat must be taken in a mitigated sense and be understood 
of the misgiving natural to a careful person. It is the duty of the penitent 
to take courage and free himself from this misgiving. Compare Lacroix, 
1. c, and Gury-Ballerini, 1. c. Tract, de Poen. P. II. cp. I. art. II. n. 461, 
Nota a, and Op. Theol. Mor. 1. c. n. 159 ss. 



PROPERTIES OF THE PURPOSE OF AMENDMENT 131 

ordinary occurrences of life; hence the necessary disposition 
on the part of the penitent can always be secured. 

In practice it is not of infrequent occurrence that a penitent, 
otherwise of good will, alarmed by the difficulties of some under- 
taking, declares that he cannot avoid a certain sin, or refuses to 
make a promise for fear of breaking his word, or says he cannot 
trust himself. This happens in the case of those who are given 
to some evil habit, as, for instance, taking the name of God in 
vain, swearing, flying into a rage, etc. Such a penitent must 
not only be encouraged fo trust to the help of divine grace, but 
be taught that all required of him is to have at the present 
moment (hie et nunc) the determination not to relapse, that he 
should not look too far ahead but make his resolution day by 
day. The confessor must take particular care that the peni- 
tent understands that that only is demanded of him which he 
freely acknowledges to be within his power. This end is ob- 
tained by suggesting methods to the penitent to be used when 
he is free from temptation as well as when he is attacked, and 
by impressing upon him that all demanded of him is to guard 
against committing sins knowingly and with full advertence.^^ 

The resolution must, moreover, be efficacious, i.e. the penitent 
must be ready not only to avoid sin, but also to take the neces- 
sary means for avoiding it, especially by avoiding the proximate 
occasions ; for whoever effectually desires some end must, of ne- 
cessity, as far as lies in him, remove all impediments to it, and 
employ all the means which will lead to it. Hence theologians 
teach that the resolution must be efficax affectu; in the case, 
however, where it is not executione efficax, i.e. where the peni- 
tent fails to accomplish his purpose, it is not reasonable to con- 
clude at once that a real and sufficient resolve was absent, 
though some presumption against the fixity of the purpose 
may be entertained. What has been said with respect to the 

22 Cf . Guiy-Ballerini, 1. c. 



132 THE BECIPIENT OF PENANCE 

steadfastness of the purpose of amendment may be applied to 
its efficaciousness, seeing that the two subjects are so intimately 
connected. Though it is undoubted that for valid confession 
the purpose of amendment must be fixed and efficacious, yet we 
are not to understand thereby that a man may never fail in his 
resolution. It is quite certain that men are so fickle that they 
will fall away frequently from determined and fixed resolutions, 
as we see, for instance, in the case of St. Peter, who, as we know, 
was sincerely pledged not to betray his Lord, and, yet, denied 
Him soon after, at the mere word of a* maid servant. 

The purpose of amendment, then, is fixed and efficacious when 
a man is determined really to carry out what he has proposed, 
though he may afterwards fail through fear of an obstacle or 
in the stress of temptation; this happens often enough even in 
the case of those who are aiming at Christian perfection. Hence, 
for valid reception of the Sacrament, the purpose of amendment 
is sufficiently efficacious if it keep a man from sin during the 
time that his resolution lasts.^^ 

In order to be reasonably free from misgivings with regard 
to his resolution, the penitent should be morally certain that 
he desires to avoid sin at any cost for the rest of his life, despite 
all grounds he may have for believing that his resolution may 
become weak in course of time. 

Finally, the resolution must be universal, i.e. it must extend 
to all mortal sins at least, not only those which have been com- 
mitted, but also those which are possible. Here lies the dis- 
tinction between the universality of the contrition and that of 
the purpose of amendment; for while the sorrow is universal 
which includes all the sins that have been committed, the reso- 
lution, in order to be valid, must embrace all possible mortal 
sins. If there remained but a single mortal sin which the peni- 
tent was unwilling to shun, his resolution would be vain and 

28 Cf. S. Alph. 1. c. Lib. VI. n. 451; Stotz, 1. o. Lib. I. P. IL Q. IT. 
art. V. n. 102 s. 



AMENDMENT WITH REGARD TO VENIAL SIN 133 

useless even with regard to his other sins, because it could not 
be founded on a universal motive, such as hatred of sin consid- 
ered in the light of an offense against God. A resolution which 
is based on this motive extends to all mortal sins without re- 
serve, because they are all an offense against God; and if but 
one be excepted, such a motive could not have influenced the 
purpose of amendment, which in consequence cannot be real 
and genuine. ^^ 

18. The Purpose of Amendment with regard to Venial Sin. 

The purpose of amendment, as we have said, must extend at 
least to all mortal sins. With regard to venial sins it must be 
constant and efficacious, but not necessarily universal; for, 
since venial sin is consistent with the friendship and grace of 
God in the soul, one is not obliged to resolve on avoiding all of 
them : indeed no one sine speciali privilegio gratice can avoid all 
venial sins, and no one is called upon to resolve to accomplish 
the impossible; still there is an obligation to resolve to avoid 
them as much as possible, or at least to diminish their number. 
The foflowing points will present the matter in detail: — 

1. It is sufficient with respect to any venial sin to make an 
act of contrition and a purpose of amendment, even though 
these acts do not extend to all lighter venial sins of the same 
species ; for the greater the sin the greater is the offense against 
God and the punishment due to it ; and a man may well shrink 
from displeasing God beyond a certain point, though below 
that point he may be careless. 

2. It is sufficient to make an act of sorrow and purpose of 
amendment with regard to some particular species of sin, or 
some vice, or some sins opposed to a particular virtue, especially 
if the penitent keeps before his mind those particular sins which 
have been committed with greater malice and dehberation.^^ 

24 Cf. Trid. Sess. XTV. cp. 4; S. Alph. 1. c. Lib. VI. n. 451. 

25 The reason for this doctrine is very clearly put in Lugo's Responsa 



134 THE BECIPIENT OF PENANCE 

3. With much more reason may it be considered sufficient to 
make acts of sorrow and purpose of amendment for all perfectly 
deliberate venial sins on account of their greater guilt; such a 
universal sorrovv^ must, however, include a fixed and efficacious 
resolution of amendment. With respect to venial sins which 

Moralia, Lib. I. dub. 29, where he answers the difficulty how a man may 
make an efficacious and sufficient act of contrition with respect to one 
species of sin, excluding other species. The learned author remarks : — 

1. That if a man repent of his sins from a universal and general motive, 
he embraces of necessity all his sins in this act of contrition. Jf, then, such 
a motive excite a man to repentance, he is of necessity moved to shun all sin. 

2. Such motives, however, — and this is a point well worth noticing, — 
may excite contrition in a more restricted manner; for instance, the graver 
the sins, the more they displease and offend God ; hence a luan may be led to 
hate this excess of wickedness. In this case " the motive of the contrition 
is not the offense of God as such, but that gravity of the offense which is 
not found in other venial sins." 

3. All this being now assumed, the diiTiciilty remains whether a peni- 
tent, for instance, who is contrite for slight lies, nmst at least virtually 
repent of other venial sins of another species, which are graver than, or at 
least as grave as, that class of lies, or whether he can have contrition suffi- 
cient for sacramental absolution for those lies without repenting virtually of 
venial sins of another species as great or greater. This may be the case if 
the formal motive of sorrow is a particular one ; for instance hei'e the hatred 
which God, the Eternal Truth, must have for lies. It does not hold if the 
sorrow proceed from the motive of penance, for we could not hate anything 
as offensive to God and at the same time be ready to offend Him in other 
matters. The same holds true if we are really sorry for sin through fear of 
hell-fire. " There are occasions, however, when the motive of sorrow may be 
particular — when, for instance, a man is sorry for the irj-everence done to 
God because it is an injury to His divine Majesty (such a motive is called a 
motive of religion) ; he is not obliged even virtually to repent of graver or 
equally grave venial sins of another species, except they involve an irrever- 
ence equally incompatible with the virtue of religion." 

Lugo also shows that a similar case happens when a man repents of 
some particular species of sin, e.g. of lying, not on account of the disobedi- 
ence to God which every sin includes, but on account of the disobedience 
involved in transgressing a special command of God, or rather on account 
of the opposition of these sins to the special law of God which forbids us to 
violate the truth. 

Moreover, he adds that the same holds true in regard of the special 
temporal sufferings which God inflicts for particular species of sins, e.g. 
disrespect to parents. 



AMENDMENT WITH BEG ART) TO VENIAL SIN 135 

are not quite deliberate, the resolution to take more pains to 
avoid them is a sufficient purpose of amendment. In order 
that such a universal resolve may be of avail, a particular spe- 
cies of sin should be singled out and made the special object of 
contrition and amendment. 

4. Moreover, it is the general teaching of moralists that it is 
enough to make acts of sorrow and amendment with regard to 
the frequency of venial sin if the penitent really resolve to 
reduce the number; it is necessary here, however, to guard 
against a very lax practice. Though such doctrine is possible in 
theory and such a purpose of amendment may be defended as 
sufficient for the Sacrament, yet it is not free from risk ; hence 
St. Alphonsus in his book Praxis Confessarii distinctly states 
that a resolution founded only on the great number of venial 
sins without any sorrow for any particular venial sin is not suf- 
ficient for receiving the Sacrament, while in his Moral Theology 
he grants that such a resolution is permissible, and founds it 
on the doctrine of St. Thomas ; for it is impossible, he says, to 
be sorry on account of the number of the venial sins without 
repenting at least of those that have been last incurred and 
which have raised the number.^^ 

The above doctrine may be useful to the priest in appeasing 
scruples about past confessions, if the penitent is not in the 
habit of falling into grave sin, and fears that he may have con- 
fessed without sufficient sorrow and purpose of amendment. 
Ante factum, i.e. before confession or, at least, before absolution 
is given, this doctrine should be confined in praxi to the sorrow 
and amendment of sins not quite deliberate and incurred through 
carelessness; for the guilt of such sins lies chiefly in the care- 
lessness by which a man fails to watch himself and his evil 
inclinations, so far as possible to repress and overcome them. 

It is impossible for a man to preserve himself entirely from 

26 S. Alph. Praxis Confessarii, n. 71 ; Theol. Mor. Lib. VI. n. 449. Cf. 
S. Thorn. HI. Q. 87, a. 1. 



136 THE RECIPIENT OF PENANCE 

all these sins, hence it is enough to be resolved to use great 
vigilance in reducing the number. 

Moreover, it ma}^ be observed that a man who keeps his con- 
science so pure that he has only indeliberate venial sins to con- 
fess will easily make a sufficient act of sorrow for past sins ; but 
if a man always falls into the same sin, it is a fairly clear sign 
that he has no true contrition and no firm purpose of amendment ; 
hence it is a useful practice to make more careful acts of sorrow 
and amendment with regard to some particular sin, or to add 
some grave sin of the past life with respect to which real sorrow 
and a firm purpose of amendment can be aroused. 



CHAPTER III 

CONFESSION 

Article I 

ESSENCE, NECESSITY, AND PROPERTIES OF CONFESSION 

19. Essence and Necessity of Confession. 

Though contrition is the most important of the dispositions 
which a penitent must bring to the Sacrament, the confessing of 
the sins is the most prominent feature to ordinary observers; 
hence the Sacrament is often simply called confession, as in the 
very earliest ages of the Church it was known simply as confessio 
(in Greek exomologesis) . 

Sacramental confession is the self-accusation of sins com- 
mitted after Baptism and not yet remitted in the Sacrament, 
and it is made by the penitent to a priest having the necessary 
faculties and with the object of obtaining absolution. 

Hence it is not a sacramental confession when the sins are 
told enarratione mere historica; such a recital would not be an 
accusation, nor would it be done with the view of acknowledg- 
ing one's self a sinner or of obtaining absolution. Moreover, it 
is not a sacramental confession if sins are revealed to a priest to 
obtain counsel or help from him, or if they are told to the priest 
merely in derision, for there would be no accusation in this, 
at least it would not be done with a view of obtaining absolution. 
On the contrary, a confession invalid through any defect what- 
ever would be sacramental if it was made in order to obtain 
absolution. 

If, however, a man began by simply relating his sins to an 
authorized priest without any idea of making a sacramental con- 

137 



138 THE RECIPIENT OF PENANCE 

fession, and then in order to obtain absolution accuses himself 
in general terms to the same priest of those same sins, the con- 
fession would be sacramental, for then a formal accusation 
would be made of those sins to the priest as judge, in order that 
absolution might be given. 

The necessity of this confession for all mortal sins committed 
after Baptism is a dogma of the Church, and rests on the divine 
institution of the Sacrament. The proof is to be sought in dog- 
matic treatises. In the divine institution of this Sacrament, as 
a necessary means for obtaining forgiveness of sin by confes- 
sion to a priest, is included the divine command of confessing 
sin, which binds all who have committed mortal sin after Bap- 
tism. We have already spoken of this in treating of the duty 
of approaching the Sacrament, since confession is one of the 
acts required of the penitent on receiving this Sacrament.^ 

There remains yet another point which shows the necessity 
of confession. Perfect contrition, as we have seen above, re- 
mits sin apart even from the Sacrament, but it does not remove 
the obligation of mentioning the sins so remitted to a duly 
authorized priest. The obligation remains, because by Christ's 
command every mortal sin committed after Baptism must be 
submitted by confession to the power of the keys. This follows 
from the words of Our Lord (John xx. 23) ; hence the Council 
of Trent teaches that for those who have fallen into mortal sin 
after Baptism confession is as necessary as Baptism is to those 
who have not been baptized.^ 

20. The Properties of Confession. 

The necessary properties of confession have their origin in 
its nature and object. The primary object of the confession is 
to put the confessor, who is bound to act in his office as a judge, 
not as a despot, in a position to form a judicial sentence, so 

1 Compare above, § 3. 2 gess. XIV. cp. 2. 



THE PROPERTIES OF CONFESSION 139 

that he may be able to decide whether the sinner be worthy or 
unworthy of absolution, and also that he may be able to impose 
a suitable penance. To succeed in this the confession must be 
such as to allow the confessor a view of the whole moral state of 
the penitent, hence it must be complete. This property, how- 
ever, being of very great importance, will be treated in a separate 
division. The other necessary feature, the contrition, has been 
already dealt with. The remaining properties are of secondary 
importance and not essential; they turn partly on the integrity 
and partly on the contrition and have been summarized in the 
following verses : — 

Sit simplex, humilis confessio, pura, fidelis 
Atque fi-equens, nuda et discreta, libens, verecunda, 
Integra, secreta et lacriraabilis, accelerata, 
Fortis et accusans et sit parere parata. 

Though these properties are not so essential that the want of 
any one of them nullifies the confession, they are all useful in 
their several ways to instruct a penitent how to make a good 
confession. For this reason we will treat of them : — 

1. Simplex. The confession should be simple, straightforward, 
short, and clear; the penitent will therefore avoid all unneces- 
sary, superfluous words, all prolix narrations and remarks which 
have no connection with the matter; at the same time he will 
avoid the use of all unintelligible expressions or such as are mis- 
leading and ambiguous ; let his accusation be so worded that he 
may t^ke it for granted that the priest will understand both the 
number and species of the sins. Thus, too, he must not accuse 
himself in a vague and general manner, as, ^'I have had bad 
thoughts"; for the confessor cannot judge from this whether a 
mortal or a venial sin, or indeed any sin at all, has been incurred ; 
let him use such words as describe clearly the sins he has com- 
mitted, making use of the proper and specific terms. Finally, 
he should avoid unnecessary repetitions of sins which differ only 
in number, not recounting them separately because they were 



140 THE BECIPIENT OF PENANCE 

committed at different times or on different occasions; all the 
sins should be grouped under their specific names and the num- 
ber given. It is the duty of the priest^ in the case of penitents 
who fail in this respect, to instruct them, at the same time tak- 
ing into account the peculiarities of the penitent and showing 
great patience. St. Antoninus gives a very useful piece of ad- 
vice on this subject. Penitents, says he, who need consolation 
in their trials or advice in their doubts should defer their diffi- 
culties till after they have confessed and received absolution; 
otherwise, if they dilate on these subjects during the confession 
of their sins, there is danger of their contrition being weakened. 

2. Humilis. Let the confession be humble, for a man ap- 
proaches the tribunal as a penitent, as one guilty of crime, as 
one accusing himself to his judge and seeking grace and mercy; 
of such a one humility and lowliness are to be expected. Surely 
the knowledge of one's sins and sinfulness revealed by an honest 
examination of the conscience, the remembrance of repeated 
unfaithfulness and ingratitude to God, are reason enough for 
being humble. Let this humility fill the heart, pervade the 
accusation, be manifested in the whole exterior; then let the 
penitent go into the confessional, kneeling, with head uncov- 
ered, like the publican in the Gospel, who remained by the door 
of the Temple and dared not to raise his eyes to heaven, but 
struck his breast and prayed : ^^ God, be merciful to me a sinner." 
The words used by some are very appropriate as an introduction 
to the confession: "I, a poor sinner, confess and acknowledge 
to God, and to you, reverend father, in God's place, that I 
have sinned often and grievously by thought, word, deed, and 
omission," etc. Others, again, use the words of the Confiteor: 
'' I confess to almighty God, to Blessed Mary, ever a virgin, . . . 
that I have sinned exceedingly in thought, word, and deed," etc. 

3. Pura. The confession should be made with the object of 
gaining pardon of sin and the grace of the Sacrament. If it were 
made with any wicked and gravely sinful intention, it would be 



THE PROPERTIES OF CONFESSION 141 

a sacrilegious and invalid confession; if the penitent had any 
venially sinful object in view, e.g. to gain esteem, the con- 
fession would be vahd though the penitent would incur the guilt 
of venial sin by it. If the penitent's principal intention is to be 
reconciled to God, though at the same time there be present 
other motives not altogether forbidden, the confession is unim- 
paired; the same may easily happen in other good works, and 
secondary motives do not exclude the principal one. 

4. Fidelis {seu verax). The confession should be truthful and 
candid, without lies and deceit. Hence the penitent must not 
conceal the sins he has committed, nor confess those which he 
has not committed; neither may he confess as certain what is 
doubtful, nor what is doubtful as certain. It is disputed whether 
every lie in confession is a mortal sin and renders the confession 
null. There are indeed theologians who maintain that every lie 
told in confession is a mortal sin, because of the sin being com- 
mitted in the very act of receiving a Sacrament. This view, 
however, is wrong. It is true that any he told in confession is 
more sinful than the same lie told under other circumstances 
would be, on account of the irreverence to the Sacrament ; but 
mortal sin would be incurred only by a lie in confession when the 
lie concerns the materia necessaria of confession ; in such a case 
the confession is invalid, for the judge is deceived about the case, 
and that is gravely wrong. If the penitent lies to the confessor 
in a matter which does not pertain to the Sacrament, there is no 
mortal sin, for such a he does not mislead the judge nor imply 
a grave irreverence to the Sacrament, since still there is real mat- 
ter for the Sacrament and a sufficient disposition to obtain the 
grace of the Sacrament. Accordingly, if the lie told in confession 
has nothing to do with the confession itself, it is mortal or venial 
on its own merits quite apart from the circumstances of its being 
told in confession. 

From what has been said it follows that a penitent incurs 
venial sin by a lie told in confession when (1) he accuses him- 



142 THE RECIPIENT OF PENANCE 

self falsely of a venial sin or denies having committed a venial 
sin ; except where this venial sin forms the sole matter of con- 
fession, for then he would sin mortally, not on account of the lie, 
but on account of the grave irreverence done to the Sacrament 
in offering to the priest insufficient matter, for sins falsely stated 
can never be matter for absolution. 

(2) Moreover, it is only a venial sin if the penitent denies 
having committed a mortal sin which he is not bound hie et 
nunc to disclose, either because he has already revealed it in a 
valid confession or because he has pressing reasons for not dis- 
closing it hie et nune. Indeed it is possible that there is no sin 
at all when a penitent makes use of mental reservation. The 
confessor has no right to put questions which have no connec- 
tion with the materia neeessaria, and the penitent is not bound 
to answer such questions; to avoid a lie he may use a mental 
reservation by choosing an ambiguous expression which con- 
tains the truth, leaving the confessor to judge for himself. If, 
on the contrary, the priest has a right to inquire of the penitent 
whether he has committed some grave sin which has been al- 
ready confessed, and the penitent denies the charge, he would 
sin mortally.^ 

(3) If the penitent is questioned by the priest as to his 
home, his condition, or his relatives or friends, and answers not 
according to the truth, knowing that these questions have no 
bearing on the nature of his sins, such untruths are only venial ; 
for if a lie told in confession with respect to venial sins, although 
these may be matter of confession, be only a venial sin, a lie 
with respect to other things which have no connection with the 
accusation of the sins is still less likely to be mortal. 

On the other hand, a mortal sin is incurred (1) when a peni- 
tent accuses himself of having committed a mortal sin which he 
has never committed, or denies having fallen into a mortal sin 

3 Compare § 46. 



THE PBOPERTIES OF CONFESSION 143 

which he has incurred and which has never been vahdly con- 
fessed, and which besides he has no vaHd reason for conceahng. 
or if he conceals a mortal sin which he is bound to mention. 

(2) When he gives the number of his mortal sins as greater 
than is really the case. Here, however, ignorant and untaught 
penitents may be excused,. because they honestly think it better 
to give a large number in preference to a small one. Besides, — 

(3) A penitent sins mortally who confesses mortal sin as 
doubtful which he is certain of having committed, or confesses 
as certain mortal sins of which he has doubts. In such cases 
the penitent would be unsettHng the judgment of the confessor 
in a very grave matter. 

(4) Moreover, it would be a mortal sin if the penitent con- 
fesses a recent mortal sin, either explicitly or equivalently, as an 
old one already confessed, for the priest is thus prevented from 
giving a correct sentence and imposing the proper penance. It 
is another case when the accusation leaves it doubtful whether 
the sin is an old or recent one, or whether it has been already 
confessed or not, even if the penitent intend that the confessor 
be persuaded that the sin is an old one. 

(5) Finally, the penitent incurs a mortal sin if he denies the 
existence of a habit of sin, or of a relapse or the existence of an 
occasion of sin, or if he avoids any avowal on the subject so as to 
mislead the confessor. It would accordingly be a mortal sin for 
a penitent to accuse himself of a recent mortal sin at the end of 
his confession by using a formula of this kind : ^^I accuse myself 
of the sins of my past life, in particular of this sin ..." ; for this 
formula by universal consent imphes only past sins already con- 
fessed. On the other hand, it would not be a mortal sin in a 
general confession to mingle old with recent sins, as long as the 
confessor knows that not all the mortal sins have been already 
confessed; if the priest is persuaded that he ought to gain a 
clearer knowledge, he may ask ; if he believe that he may let the 
matter rest there, it is his affair (and perhaps in many cases this 



144 THE RECIPIENT OF PENANCE 

may be the prudent course). Still less is it a mortal sin, indeed 
it may be counselled or obligatory in certain cases, for a peni- 
tent to say that such or such sin has not yet been confessed, 
making the accusation in such a way that the confessor does not 
suspect that the sin has been recent. Such an expedient may 
be necessary when a priest himself confesses sins committed in 
hearing confessions, not wishing to violate the seal of confession.* 
In addition, the confessor must remember that the faithful in 
general are persuaded that a lie in confession is a very grave sin, 
so that he must judge of its gravity according to the conscience 
of the penitent.^ 

5. Frequens. Confession ought to be frequently made (see 
above, § 3). This includes also the repeated confession of sins 
already confessed and absolved (see above, § 6). 

6. Nuda. The penitent ought not to hide his sins by ambigu- 
ous words or expressions which veil the hatefulness of the sin, 
in order to make them appear less in the eyes of the confessor. 
A penitent who thus veils his sins cannot have real contrition; 
there still remains in his heart that false shame which confuses 
the intellect, and his soul is not yet released from sin. Such 
conduct is in reality no less sinful than concealing the sin en- 
tirely, for what is the difference between total silence and answer- 
ing so obscurely that the questioner is left in doubt? Just as 
a penitent makes a bad confession who conceals what he ought 
to tell, so does he who answers his confessor in such obscure 
terms that the latter does not understand or is led to take a view 
which the penitent knows to be wrong. 

The conditional accusation is no better, as when, for example, 
a penitent says: '^If I have given way to impure thoughts, I 
accuse myself of them," etc. Such a confession is not an accusa- 
tion of sins, nor is it a sign of absolute aversion from them. ' 

4 Cf. Lehinkuhl, 1. c. P. IT. cp. IT. Coiifessio, art. I. § 2, n. 313, 314; Balle- 
rini, Op. Tlieol. INIor. 1. c. cp. I. art. 3, n. 457. 

s S. Alph. Lib. VI. n. 49o-497 ; H. Apost. Tr. 16, n. 28. 



THE PBOPEBTIES OF CONFESSION 145 

7. Discreta. The confession should be prudent, i.e. so worded 
that the reputations of others do not suffer; hence the sins of 
others ought not to be revealed except in so far as is necessary 
for the declaration of one's own sins. Not a few penitents prefer 
to tell the sins of others rather than their own: wives, for in- 
stance, tell the sins of their husbands, servants the sins of their 
masters. Such penitents must be seriously admonished by 
their confessor for the future not to reveal the sins of others lest 
they incur the guilt of detraction and God's anger in the very 
tribunal of His mercy. The question as to the partner in sin, 
whether and under what circumstances he is to be revealed in 
confession, is relegated to a later portion of the treatise. 

The penitent's own good sense will tell him to be as discreet 
and decorous as possible in confessing his sins, especially those 
against purity, without detracting from the completeness of the 
confession, without being gross, and at the same time without 
failing in the reverence due to the Sacrament; hence he should 
tell only what is necessary for the integrity of the confession, 
and that as cautiously and becomingly as is possible, quite briefly, 
in clear and intelhgible language; the confession must be per- 
fect and at the same time chaste. The confessor also must exer- 
cise great discretion and prudence in this dangerous matter.^ 

Finally, a prudent penitent will choose a suitable and virtuous 
confessor who unites real piety and prudent zeal to solid knowl- 
edge and a wide experience. 

Not only is it advisable and wholesome to have a regular 
confessor, but it is absolutely necessary. Of course as far as 
the absolution is concerned it is always valid, provided that the 
priest who gives it has the requisite faculties; but as for the 
spiritual direction of the penitent, it is by no means an indiffer- 
ent matter who the confessor is; if ever there is an occasion in 
which there is need of a trusty, reUable friend, guide, and adviser, 

6 See §§ 47, 54. 



146 THE BECIPIENT OF PENANCE 

it is in making a confession. On this point St. Francis of Sales 
writes: ^'When Tobias was about to send his son to Rages, and 
the latter explained that he did not know the way, ^Go, then/ 
said his father, ^and seek a man who knows the way, that he 
may guide you.' This is my advice to you, Philothea; if you 
really desire to tread the way of perfection, seek out above all 
things a man of experience to guide you and show you the way : 
this is the most important lesson of all.'''^ And after treating 
the subject in his usual way, he quotes the remarkable words 
which the great St. Louis shortly before his death addressed to 
his son: '' Confess often, and choose for your confessor a man 
of experience, who has not only wisdom and science, but also 
zeal for souls, and learn from him what you ought to do." The 
priest as God's vicar is not a judge only, he is a physician, and it 
is not hard to understand how one physician can differ from 
another. For a soul which is anxious to get rid of sin, to be 
established in virtue, and to make progress in Christian per- 
fection, as all Christians are bound to do, there is required not 
only the application of the Sacrament, but guidance as well. 
The direction of souls goes much farther than a mere dispensing 
of the Sacrament. There are many things in which a soul eager 
for salvation must be anxious for further instruction; the 
methods of combating with success different evil inclinations, 
the methods of prayer, the performance of certain good works, 
the way of carrying out the duties of one's state of life with 
more zeal and merit, and the attainment of perfection. An 
approved confessor and director is undoubtedly very useful, 
nay, necessary, and the penitent should pick out such a one. 
In a choice of this kind he should have no other object but his 
salvation and spiritual progress, and hence he should choose a 
well-instructed, experienced, and holy man to lead him in the 
way of God in the interior life, one who knows the penitent's 

■^ Philothea, Part I. Cliap. 4. 



THE PROPERTIES OF COyPESSION 147 

condition, one whose heart is full of love, one who is as far re- 
moved from a feeble indulgence as from a repelling strictness. 
Firmness and gentleness should be united in him, a firmness 
which does not crush and a gentleness which will not allow 
presumption; he should inspire confidence so that the penitent 
has no difficulty in unfolding his heart to him. To seek an 
ignorant and inexperienced confessor is, as theologians express 
it, to choose a sure guide to heh; and, according to the teaching 
of Suarez, etc., it is a mortal sin when done with the intention 
of obtaining absolution by fraud. ^ But a good confessor is a 
''faithful friend, a strong defense; and he that hath found him 
hath found a treasure ; . . . and they that fear the Lord shall find 
him."^ St. Francis of Sales directs Philothea to make choice 
of a confessor after constant prayer, and assures her that God 
will grant her this most important of petitions and send her a 
man after his own heart. 

When the penitent has made choice of his confessor in accord- 
ance with those rules of common sense which great spiritual 
writers enjoin, his duty is then to love him as his spiritual father, 
to fear him as the judge of his conscience, to follow him as his 
guide in the path of virtue, to take his advice as his physician 
in the maladies, affections, and sufferings of his soul. He should 
follow him, as though he were an angel leading the way to heaven ; 
give him his whole confidence; deal with him in all openness 
and frankness ; disclose to him all the good and evil in his soul 
without dissembling or reserve, and at the same time entertain 
a respect for him which does not weaken his confidence in him.^^ 

Having once chosen a good confessor, the penitent should 
cling to him and not change about from one to another ; noth- 
ing is more harmful or more foolish than such conduct ; unstable 
and wandering penitents of this kind give sufficient proof that ail 

8 Suarez, Disp. 28; Stotz, 1. c. Lib. I. P. I. Q. II. art. n. 
^ Eccliis. vi. 14 ss. 
1° Compare Philothea, ibid. 



148 th:e recipient of penance 

they want is to be absolved and not to be helped and guided, 
and there is reason to suspect that their purpose of amendment 
is by no means sincere. Should a penitent, however, be in such 
a condition that to confess to his regular confessor would be too 
great a difficulty and involve risk of making sacrilegious con- 
fession, it would be better to look out for some other priest and 
confess to him. 

The penitent ought not at the same time be so dependent on 
his confessor as to be quite bewildered when a change becomes 
necessary. Discouragement or sadness on this account, or a less 
frequent use of the Sacraments would be a sign that this depend- 
ence was due to some undesirable cause and could not be any 
longer regarded as confidence in the director. 

What is to be thought of those penitents who have two con- 
fessors, one to whom they are well known and whose good opin- 
ion they enjoy, and another to whom they are not well known, 
using the former to tell him their more frequent and smaller 
sins, and the latter for the confession of graver faults, in order 
that they may thereby keep up their good reputation with the 
first ? Such conduct is certainly not per se forbidden when there 
is good reason for it, as may happen when any one is unwilling 
or does not dare to reveal to his ordinary confessor some very 
shameful fall. 

Still the practice is not without danger and so cannot be un- 
conditionally recommended, for it is a sign that a penitent is 
more anxious about his good name than his progress in the 
spiritual life ; indeed he might incur grievous sin if such conduct 
exposed him to the danger of falling into mortal sin, as would be 
the case if in pursuing this course he never intended seriously to 
give up his sin. Such is the predicament of those penitents who 
seek out inexperienced or easy-going confessors, or of those who 
habitually fall into mortal sins, confessing them only to a priest 
who, they know, will take the matter very quietly, while they 
reveal their less grievous sins to some pious and strict confessor. 



THE PROPERTIES OF CONFESSION 149 

On the other hand, the case above quoted presents quite another 
aspect when a penitent has on rare occasions fallen into a grave 
and shameful sin and shrinks from revealing it to his ordinary 
confessor/^ 

8. Libens. The confession ought to be voluntary; the peni- 
tent should approach the sacred tribunal spontaneously, not 
prompted by prayers or threats, nor prevailed upon by promises, 
nor driven by fear of temporal losses; he should willingly ac- 
knowledge his sins to the priest as the minister of Christ Our 
Lord appointed to forgive sin and distribute His graces. A man 
might of course be influenced by those exterior motives to re- 
ceive the Sacrament; and if he made an earnest act of contri- 
tion and carried out the other requisites, he would make a valid 
confession. There is, however, as Laymann observes, a real 
danger for a man who goes to the Sacrament imder compulsion 
that he mil make his confession invalid through want of contri- 
tion or through a deficient accusation of his sins. It frequently 
happens that such penitents, giving way to external pressure, 
perform their Easter confession, doing it only to keep up appear- 
ances ; they make no act of contrition, they are unwilling to tell 
all that lies on their conscience, they are ready to make a bad 
confession and communion. A prudent confessor may detect 
their insincerity and sometimes will prevail upon them to make 
a good confession. 

9. Verecnnda. The penitent should make his confession mth 
confusion at the number and greatness of his sins, his ingrati- 
tude and infidelity to God his Lord and Father; this confusion 
should fill his soul and reveal itself even in the self-accusation 
and in the whole bearing of the penitent. Between this real 
shame of every good penitent and the false shame which arises 
from pride and self-love is a great gulf; the latter, unless over- 
come, will cause the penitent to be dishonest in his accusation 

" Cf. Stotz, 1. c. Lib. I. P. I. Q. II. art. II. n. 116-124. 



150 THE RECIPIENT OF PENANCE 

and to make a sacrilegious confession. The confessor should be 
very considerate of the weakness of such penitents and encour- 
age them, helping them to make a candid avowal if he suspects 
false shame, and he should be careful not to frighten and shock 
them by hard words or untimely threats. 

10. The other property of the confession, its integrity, will, 
on account of its great importance, be reserved for a thorough 
discussion in another paragraph. 

11. Secreta. The accusation should be in secret. It should 
be made so as to be heard only by the prijest and not by others. 
Christ did not institute public confession; and if in the early 
Church those who had committed grave pubhc sin and given 
public scandal were compelled after private confession to make 
a public avowal of their offenses, this was only part of the then 
existing discipline. As a matter of fact the practice was pro- 
ductive of as much harm as good, and so the Church put an end 
to it.^^ Confession by an interpreter would, however, be valid, 
as well as a confession which had been overheard by others. 
There is no obligation to confess through an interpreter if one 
happens to be in a country of which he does not know the lan- 
guage, supposing there is no priest to whom one can make him- 
self understood, for the Lateran Council ^^ prescribes confessio 
secreta made to a priest only {soli sacerdoti facienda), and to 
employ an interpreter for confession would be very onerous.^^ 
Such an obligation would exist only if a dying man had doubts 
as to the perfection of his contrition, for the wish to save our 
souls obliges us to avoid all risk. Then, however, it would be 
sufficient to name one or two sins and make a general accusation 
of the rest.^^ 

12 Cf. Trid. Sess. XIV. cp. 5. 
1^ Cap. Ornnis utriiisque sexus. 

14 Cf. Declar. S. C. S. Off. 28 Feb. 1633 et 10 Feb. 1668 ; item S. C. Prop. 
Fid. 1633 in Collectan. S. Sedis, n. 476-478. 

15 S. Alph. Lib. VI. n. 479; Lugo, De Poen. Disp. XV. Sect. V; Aertnys, 
1. c. Lib. VL Tract. V. n. 196. 



THE PBOPERTIES OF CONFESSION 151 

, Moreover, a sufficiently perfect confession may be made even 
through an interpreter without the latter acquiring any knowl- 
edge of the sins. The confessor, for example, in the case of the 
sick, may arrange through the interpreter a system of signs, such 
as pressure of the hand, motion of the head or eyes, by which the 
invalid may answer the questions put by the priest through the 
interpreter, who may be placed with his back to the priest and 
penitent ; by a method of this kind even the number of sins may 
be ascertained. Of course in a case like this the confessor must 
be careful not to betray the penitent's replies by the nature of 
his questions. If a male penitent express a wish to confess in 
this manner, he may be allowed to do so.^® 

A confession made in wTiting is per se valid; on the other 
hand, as we have already seen, absolution conveyed per literas 
is null. The custom, however, of making the confession by word 
of mouth must be strictly adhered to (hence many theologians 
add to the other properties of a good confession that it should 
be vocalis), and unless there are pressing reasons for the con- 
trary practice the confession should not be made by WTiting or 
by any other system of signs; a sufficiently good reason for 
allo^^dng it would be great shame in mentioning certain sins or 
a defect in speech. In such cases the priest would read the 
writing and the penitent make some acknowledgment by word 
of mouth, such as, '^I accuse myself of all contained in the paper." 
If the whole confession without any good reason were made by 
writing or by signs, it would be invalid, for the penitent would 
have sinned gravely by such an action unless he had acted bona 
fide}' 

A dumb penitent who can write and has no other way of mak- 
ing his confession is, accorcUng to the sententia communis et pro- 
hahilior, obhged to make his confession in WTiting, for this w^ould 

16 Lehmkuhl, 1. c. n. 328. 

1" S. Alph. Lib. VI. n. 429, 493 ; Snarez, Opusc, Lugo, Coninck, etc., 
Konings, Tlieol. Mor. T. II. Tract. De Sacram. Poen. cp. II. art. II. n. 1358. 



152 THE EECIPIENT OF PENANCE 

not be burdensome to him. The opponents of this view insist 
on the danger of the confession being revealed and, in conse- 
quence, deny the obHgation of making the confession in writing. 
Such a risk, as experience shows, is not usually to be feared and 
may easily be avoided. There are indeed not a few penitents 
who to secure their own peace of mind always write their con- 
fessions and read them off to the priest. If, however, in a par- 
ticular case there is danger of revelation or any other serious 
inconvenience to the penitent in consequence of his writing, 
there is no obligation. So teaches St. Thomas, and with him 
are Suarez, Lugo, Sporer, Salmanticenses, etc.^^ 

12. Lacrimahilis. The confession should be made with real 
sorrow. It is not necessary that it be accompanied by tears or 
sighs and other external signs of the kind, but it is required that 
there be a real sorrow and horror of sin. The internal sorrow 
should become sensihilis or evident by the confession so as to 
form materia sacramenti. The sentiment of contrition can always 
be roused by grace, while tears are not in our power. 

13. Accelerata. The confession should be prompt; there 
should be no delay in making it after mortal sin has been com- 
mitted. This is not of precept, but it is a counsel which should 
be readily followed by any one who reahzes the horror of sin and 
its consequences. 

14. Fortis. The confession should be made with great cour- 
age, all hindrances to a candid avowal of one'^ sins being put 
aside, especially false shame and the fear of losing the good 
esteem of the priest. It is the delight of the devil, not before, 
but after entrapping a soul into sin, to work upon the feeling of 



18 Cf. S. Alph. Lib. YL n. 479; H. A. n. 35; Gury-Ballerini (1. c. II. n. 
503) and Lehmkuhl (1. c. ii. 328) object to binding the dumb to a written 
confession ; a fortiori the confessoi- may refrain from putting questions in 
writing with a view of making the confession more complete. If, however, 
a dimib person desire to confess in writing, the confessor is at liberty to 
comply with his wish. 



NECESSITY OF THE INTEGRITY OF CONFESSION 153 

shame so vehemently that the penitent is tempted to conceal 
sins which are particularly shameful. In this case the penitent 
must use all his courage, and by reflecting on God's command 
and the awful consequences of a bad confession get the victory 
over this false shame. He must put into practice Tertullian's 
maxim, Per eat pudor, ne per eat anima. 

15. Accusans. The confession should be an accusation and 
not a series of excuses. Thus the penitent ought to impute the 
sins to himself and not to other causes, temptations of the devil, 
the passions, natural weakness, etc., nor to the companions by 
whose advice or orders he has gone astray. There may be of 
course occasions where what is objectively a mortal sin may 
become only venial or perhaps no sin at all, through inculpable 
forge tfulness or absent-mindedness or inadvertence. 

16. Parere paratus. The penitent should be disposed to obey 
the priest's advice and commands ; hence he should be ready to 
adopt the means suggested for his improvement, to follow out 
the advice given, to avoid the occasions of sin which are pointed 
out to him, and to accept the penance which is imposed on him. 

Article II 

THE INTEGRITY OF THE CONFESSION 

21. Necessity of the Integrity of Confession. 

The confession is complete when the penitent reveals all the 
sins which he is bound to tell. A distinction is drawn between 
material and formal integrity. A confession is materially com- 
plete when a penitent discloses all the mortal sins committed 
since Baptism which have not yet been submitted to the keys, 
together with their number and species. On the other hand, the 
confession is formally complete when he confesses all the mortal 
sins which he is morally able and bound to reveal hie et nunc}^ 

1^ The following well-known definition is much like the above : the confes- 



154 THE RECIPIENT OF PENANCE 

From this definition it is clear that where there is material 
integrity there is also formal integrity; a confession, however, 
which is formally complete need not on this account be 
materially so. 

With respect to the obhgation of the integrity of confession 
we may lay down the following propositions : — 

I. It is of divine precept to confess all mortal sins committed 
after Baptism. 1. This follows from the words by which Christ 
instituted the Sacrament ; by them He gave the Sacrament a 
judicial character. So teaches the Council of Trent.^^ From 
the institution of the Sacrament of Penance 'Hhe universal 
Church has always recognized that the complete confession of 
sins was also instituted by Our Lord, and is necessary jure divino 
for all who have sinned after Baptism. For Our Lord Jesus 
Christ when about to ascend into heaven left the priests as His 
vicars and judges, by whom all mortal sins into which the faith- 

sion is materially entire in which nothing is wanting which per se loquendo 
ought to be confessed, {.e. when nothing is wanting which de se forms the 
necessary matter of confession; the confession is formally entire when 
nothing is wanting in the accusation through the fault of the penitent. Cf . 
Konings, 1. c. n. 1359. 

Moralists are not of one mind on the definition of formal and material 
integrity ; some understand by material integrity the avowal of all mortal 
sins not yet confessed which occur to the mind (after a careful examination 
of conscience, as Miiller expressly adds, 1. c. 120), since they form the ma- 
teria necessaria sacramenti et confessionis ; formal integrity,,on the other hand, 
consists in the avowal of all mortal sins which here and now (Jiic et nunc), 
taking all the circumstances into consideration, can and ought to be con- 
fessed. Thus Gury, 1. c. Edit. Romana (Ballerini) et Edit. Lugd. (Dumas), 
n. 468 (where, however, the author is not quite consistent, cf. n. 470) ; while 
on the other hand the Edit. Ratisb. as also Laymann, De Poenitent. cp. 8, 
n. 5, and Stotz, 1. c. Lib. I. P. III. Q. II. art. IV; Scavini, 1. c. Tom. IV. 
Tract. X. Disp. I. cp. II. art. II. n. 38, have the above definition. We give 
the preference to it on grounds which will appear in the course of the 
treatise ; moreover, it is more common and is in harmony with the teaching 
of the Council of Trent. The words which St. Alphonsus employs in the 
definition of material integrity seem to favor the latter view. Cf. Lib. VI. 
n. 465. 

2° Sess. XIV. cp. 5, De Confessione. 



NECESSITY OF THE INTEGRITY OF CONFESSION 155 

ful had fallen were to be judged, that in virtue of the power of 
the keys they might pronounce sentence of forgiveness or reten- 
tion." The priest is therefore a judge, and as judge should pro- 
nounce the absolution. But the sentence of a judge is valid only 
when it turns on the facts of the case ; hence a knowledge of the 
latter is required on the part of the judge. In consequence the 
confessor, in order to pronounce a valid sentence, must know 
intimately the facts of the case, the state of the sinner. Now 
the facts of the case are the mortal sins of the penitent; hence 
the confessor must be made acquainted with these; and as he 
can only learn them from the penitent himself, the latter is bound 
to make a complete statement of them. 

2. The essential object of this Sacrament is the forgiveness of 
sins that have been confessed. But one mortal sin cannot be 
forgiven apart from the rest, since forgiveness is the result of the 
influx of sanctifying grace, which does not remove sin as stains 
might be rubbed from a metal surface, but at once raises man 
from a state of sin to a state of grace, from being an enemy of 
God to being His friend. Moreover, sanctifying grace and mor- 
tal sin cannot exist together in the soul. From this it follows 
that all sins must be told without exception, in order that they 
may all be remitted. 

3. Add to this the essential connection between the judicial 
power of the priest in the Sacrament and his power of punishing 
sin or imposing a penance for it ; but since the penance must be 
proportioned to the misdeeds, the priest cannot exercise his 
powers properly unless, at least, the mortal sins have been fully 
confessed. If, as must happen at times, it is inopportune or, 
in fact, quite impossible to assign a penance bearing any propor- 
tion to the number and magnitude of the sins, that is quite per 
accidens and the decision of the question is the affair of the judge, 
not of the penitent. That Christ gave His Church the power 
of punishing sin is abundantly proved by the practice of so 
many centuries during which definite penances were assigned to 



156 THE BECIPIENT OF PENANCE 

certain sins. Since, therefore, the Church of divine right can 
mete out just punishment for sin, the penitent is bound by divine 
precept to submit himself to the Church by an entire confession 
of all mortal sins. From the fact that the confessor must pro- 
nounce sentence and impose a suitable penance, the Council of 
Trent concludes '^ that all mortal sins of which the penitent is 
conscious after diligent search must be confessed, even though 
they be quite secret sins and only against the last two command- 
ments of the decalogue." 

4. Finally, the Sacrament of Penance has of its very nature 
another end in view, that of preventing relapse. Thus the con- 
fessor is at the same time the physician of the soul, empowered 
and obliged to prescribe the means of reform. This duty can 
be effectually carried out only when he knows intimately the 
penitent's state of soul, so that the latter is obliged to submit 
to his healing art all the mortal wounds of the soul. 

Hence the Council of Trent anathematizes all who teach ^4hat 
for remission of sins in the Sacrament of Penance it is not neces- 
sary jure divino that all and every mortal sin be confessed of 
which a man is conscious after faithful and diligent search." ^^ 

II. The material integrity, however, is not always necessary 
for the validity of confession and for obtaining its benefits. At 
times it is morally and even physically impossible, either through 
inculpable forge tfulness or for other reasons. Now God does not 
command impossibilities. Hence the Council of Trent teaches: 
''The remaining sins which escape the diligent inquiry of the 
penitent are considered as included in the same accusation," and 
so are forgiven, as though they had been confessed. Hence it is 
abundantly clear that the material integrity of the confession is 
not always necessary. 

III. The formal integrity is, on the other hand, always neces- 
sary for the validity of the Sacrament, and belongs to its essence. 

21 Sess. XIV. can. 7. 



EXTENT OF THE INTEGRITY OF CONFESSION 157 

A penitent, for instance, who out of shame conceals a mortal sin, 
transgresses Christ's command which obliges us to submit all 
mortal sins by a sincere confession to the powder of the keys, 
incurring at the same time a mortal sin by his bad confession; 
such a confession cannot be valid nor have any good effect. This 
is also taught by the Council of Trent ^^ in the following words : 
"While the faithful earnestly endeavor to confess all the sins of 
which they are conscious, they present them to the Divine Mercy 
that they may all be forgiven; those, however, who do other- 
wise and knowingly conceal sins, present nothing to God's good- 
ness to be forgiven through the priest. If the sick man is 
ashamed to show his wounds to the physician, the latter cannot 
cure what is unknown to him." ^^ 

To have a perfect understanding of the preceding, we must 
distinguish between what is of the essence of the Sacrament and 
that which flows as a consequence of the divine command. 
When anything is wanting to the essence of the Sacrament, 
though the defect may be due to no fault on the part of the per- 
son, the Sacrament is invalid ; if, on the contrary, there be want- 
ing some requirement of divine precept, making the defect 
culpable, the Sacrament is indirectly invalid because contrition 
is wanting, since contrition cannot exist in any one who is in the 
very act of sin ; if, however, the defect be inculpable, the result 
of forgetfulness or ignorance, the Sacrament is valid; the sins 
which were omitted through no fault of the penitent are in- 
directly forgiven by the infusion of sanctifying grace. There 
remains, however, the obligation of making good the defect 
afterwards, as we shall see later. 

22. Extent of the Integrity of Confession. 

For a complete confession it is necessary to state clearly and 

precisely not only all mortal sins, but their number and species 

2^ L. c. cp. 5. 

23 Trid. 1. c. cp, 5, Compare Palmieri, 1. c, Thes. XXXIII; Gury, 1. c. 



158 THE RECIPIENT OF PENANCE 

and the circumstances which change the species. This is the 
doctrine of the Council of Trent when it enjoins the confession 
of each and every sin; to do this a man must give the number 
of the mortal sins committed. One who has missed Mass ten 
times and merely confesses, ^'I have missed Mass/' has not con- 
fessed each and every sin, for an indeterminate number, by the 
very fact of being undetermined, does not necessarily mean the 
number ten; it may mean ten, but that possibility does not 
indicate the number. With regard to the confession of the spe- 
cies and of the circumstances changing the species, the Council 
teaches expressly that the circumstances which change the kind 
{species) of sin ought to be confessed. Since those circum- 
stances are to be expressed which change the kind of sin, noth- 
ing can be clearer than that, in accordance with the decision of 
the Council, the sins are to be confessed according to their spe- 
cies.-'' 

The reasons which the Council ^^ gives for insisting on the 
duty of confessing the species of sin are that otherwise the sins 
would not be perfectly revealed by the penitent or understood 
by the judge, and that without a knowledge of the species of the 
sin the judge would be unable to pronounce on the gravity of 
the sin and to inflict a suitable punishment for it. 

Thus the reasons which hold for the completeness of the con- 
fession require also the species and number of the sins; without 
them the confession has not the completeness whi'ch is demanded 
for it. The confessor is a judge who must have the most accu- 

11. n. 469; Aertnys, 1. c. ii. 185; Lehmkuhl, 1. c. cp. 11. (Confessio) art. I. n. 
302. 

2^ It is to be noted that in speaking of the classification of sins we 
abstract from the physical, we confine ourselves to the moral species which 
indicates the peculiar malice of the sin ; for instance, the ordeal by fire is 
physically distinct from the ordeal by water, but morally they are in the 
same species, because the malice is the same in both sins. Cf. Suarez, De 
Poenit. Disp. 22, Sect. 2, n. 3, 

25 Sess. XTV. cp. 5, 



EXTENT OF THE INTEGRITY OF CONFESSION 159 

rate knowledge of his penitent in order to pronounce sentence 
and inflict the necessary penalty. Now he cannot know the 
state of his penitent unless he is acquainted with the number 
and species of his sins, for it is the species which determines the 
nature or essence of the sin. Besides, the sins ought to be con- 
fessed according to their mahce, but this can be estimated only 
from the kind of sin and the number of times it has been com- 
mitted. Not all sins against the sixth commandment have the 
same malice or belong to the same species, for to the special mal- 
ice of impurity may be added that of sacrilege or adultery if the 
sinner be consecrated by vow to God or in the married state. 
And there is no doubt that one who has committed a crime ten 
times is more deserving of punishment than he who has fallen 
only once. 

The penitent must confess the species inftma, the ultimate 
species of his sin, for this is what is ordinarily understood by the 
species, and the Council of Trent insists upon this obligation. 
Hence it is not enough to say, ^^I have sinned in thought, word, 
and deed," or, ^^I have broken the commandments of the 
Church"; the penitent must acid the species, the particular 
commandment broken, the observance of Sunday, fasting, yearly 
confession, etc., and in addition the penitent must give the 
species infima, whether he has missed Mass or broken his fast 
or abstinence. Nor is the following accusation suflncient: ^'I 
have sinned against the sixth commandment," ^'I have been 
wanting in purity," or the hke; the species must be given, de- 
fining whether the sin be incest or adultery, etc., or whether by 
thoughts, words, etc. So, too, when a penitent accuses himself 
of sin against faith, it is not sufficient ; he should state the par- 
ticular act by which he has sinned, whether by heresy, by 
unbelief, by indifference, etc. 

Supposing the penitent cannot remember the species infima 
of a sin which he has committed, he must state against what 
virtue he has sinned; or if he cannot remember this, but has 



160 THE RECIPIENT OF PENANCE 

only a recollection of having sinned mortally, he must confess 
this. This is the opinion of all theologians {communis et certa 
doctrina). 

To indicate fully the species of the sin, one must also tell 
whether the sinful acts were external and whether the evil 
effects have been retracted. 

Since the sins themselves are the particular matter of the 
sacramental tribunal, they must, as Lehmkuhl shows, be con- 
fessed secundum specificam distinctionem, i.e. according to their 
specific differences. This is not at all the same thing as the 
obligation of confessing the specific malice (specifica malitia). 
Sins are human acts {actus humanus), and so they may be classed 
in specie actus as well as in specie malitice; to desire to steal and 
to steal are acts having the same specific malice, but they are 
not specifically the same act. Indeed no one would maintain 
that one might confound the two sins in confession by merely 
confessing the specific malice. ^^ Hence the actus externus which 
completes the internal act " as a sin and on that account is in 
se opposed to right order and morahty must be mentioned ex- 
pressly in confession. The actus externus is either commissio or 
omissio (sin of commission or omission). Thus, for example, 
the absence from Mass on a Sunday or a holyday of obligation 
must be confessed, whether it happen through indifference or 
love of study or idleness, because the absence from Mass is what 
is objectively opposed to the law and what has been voluntarily 
incurred. The wounding and kilHng of a man are external 
actions which in rations peccati complete the sinful act of the 
will, and so it is not enough to confess, '^I had the desire to 
wound." If he has inflicted a wound, it is enough to say, '^I 

26 Lehmkuhl, 1. c. P. IT. Lib. I. Tract. V. Sacr. Poenit. Sect. II. cp. IT. 
art. I. § 2, 11. -307. 

2'^ Cu7)i aclu inferno a quo procedit facit unum complete indiridiium in genere 
moris, actua eniin externus se hahet veluti materia., internus velud forma, unius 
onerationis humance. Mazzotta, 1. c. Tract. VI. Disp. I. Q. IV. cp. III. 



EXTENT OF THE INTEGRITY OF CONFESSION 161 

have dealt a wound," for he has sufficiently indicated by that 
avowal the internal act. If, again, a man wounded another 
intending to kill, it is not enough to say, ^^I intended to kill," 
but he must add, ''and I wounded the man." ^^ 

With regard to the obligation of confessing the effect ^^ of a 
mortal sin theologians are not of one mind, since it is not always 
clear whether the evil effect flowing from a cause voluntarily 
chosen is in sese a sin or not. It is certain that the malus ejfec- 
tus of a sinful action must be confessed if such effect fall under 
a reservation, or under a censure, or if the question of restitution 
is to be settled. However, it is certain that if such effects were 
not at all foreseen, there is no obligation to confess them. Thus 
a murder committed under the influence of drink need not be 
confessed, supposing that such a consequence had been alto- 
gether unforeseen. 

As to the other cases, those theologians who deny that the 
malus effectus voluntarius in causa is a sin, because the effect is 
no longer in se voluntary or, being beyond the control of the will, 
is desired only in its cause (voluntarius in causa est), maintain 
that such an effect need not be confessed. Other theologians, 
as St. Thomas, Suarez, Soto, Sanchez, etc., make a distinction, 
teaching that the malus effectus is no sin, when the evil will has 
been retracted by contrition and repentance before the act has 
taken place whose effect cannot be hindered; if, however, the 
evil will lasts, the effect is a sin. Hence a priest who, to escape 
saying his office, would throw his breviary into the sea, but 
repent of his act immediately after, is not obliged to confess 
the omission of his office, since the omission was not a sin, but 
only the evil effect of a sin already repented of. So, too, a man 

28 Renter, Theol. Mor. P. IV. Tract. V. De Confess; Q. VI. n. 317; Maz- 
zotta, 1. c. Tract. VI. Disp. I. Q. IV. cp. III. 

2^ The effect of a mortal sin is omne id quod consequitur ad totum peccatum 
complelum in individuo ; e.g. the wish to kill is externally completed in esse 
peccati by the giving of poison ; the death which ensnes is called the effectus 
peccati. 



162 THE RECIPIENT OF PENANCE 

who has given another poison and, before death takes place, con- 
fesses his crime with sorrow is not obhged, after death has taken 
place, to accuse himself again of murder. On the other hand, 
the evil effects which take place w^hen the will did not retract 
must be confessed, since they are at least the completion of the 
external sin and share in the malice of the cause. Mazzotta 
makes a distinction here which is very apt. He says: if an 
effect follows from a sinful act, and though it may be prevented, 
is not so prevented, the penitent must confess the effect because 
it completes his neglect in so far as this is an external sin; if 
the effect cannot be hindered, there is no obligation per se lo- 
quendo to confess the malus effectus, for it is neither a sin m se 
nor does it externally complete the sin.^° 

To the preceding we add two observations : — 

1. Since the duty of making a complete confession rests on a 
command, we are not obHged per se to confess what is prohabiliter 
not enjoined by the precept, for, in accordance with sound prin- 
ciples of probabilism, a doubtful law has no binding force. To 
this we may add, that a confession is valid in which the penitent 
omits nothing through any grievous fault of his own, that is, 
knowingly or through culpable ignorance and carelessness. Now 
the principles of probabihty furnish a practically safe conscience 
with regard to the limits of a command; hence in this case the 
confession is entire, at least formally entire, and that is sufficient 
for the vahdity and grace of the Sacrament. 

2. If the penitent, through forge tfulness or for some lawful 
reason, without any blame attaching to him, omits to mention 
something w^hich is necessary for the integrity of the confession, 
he is bound to disclose it on the next occasion; for, by the 
decision of the Council of Trent, each and every mortal sin of 
which one is conscious must be mentioned, that it may be directly 
remitted; hence if sins occur to the mind which have not yet 

30 Mazzotta, 1. c. cp. TIT. with Lugo, Salin., Tamb., etc. Cf. Marc, P. CI., 
Institut. Moral. Alphoiis. Tom. II. P. TIL Tract. Y. De Poenit. n. 1692. 



THE NUMBER OF SINS IN CONFESSION 163 

been confessed, they must be submitted to the power of the keys. 
Thus Alexander VII condemned the proposition: Sins which 
have been forgotten or omitted in confession on account of in- 
stant danger to hfe or for any other reason, need not be mentioned 
in the next confession (cf. Prop. 11 damn.). 

23. The Number of Sins in Confession. 

The declaration of the number of sins is another feature com- 
pleting the Sacrament. The penitent must give the number of 
his mortal sins so far as he can; if he knows exactly how often 
he has fallen into a mortal sin, he must state that number of 
times, neither increasing nor diminishing ; if, despite careful ex- 
amination and reflection he cannot arrive at the real number, he 
must give it as near as possible, adding the words ^' about" or 
''at least"; in so doing he fulfills his obligation, for he has done 
what he could, which is sufficient to enable a judgment to be 
pronounced humano modo. Should the penitent, after having 
thus confessed in all good faith, discover later on a more accu- 
rate number than that confessed, he is not obliged to make an- 
other confession to supply this number; nor should he disquiet 
himself, for the round numbers given in the first confession in- 
cluded everything; it is only when the newly discovered num- 
ber is considerably greater than the vague estimate of his first 
confession that he is obHged to confess again, because the num- 
ber, and, in consequence, the sin, was not perfectly confessed, 
since a far greater number cannot be considered as included in 
his former round estimate.^^ 

The question naturally arises what the confessor is to under- 
stand by a numeral qualified by ''about" or '^at least." As a 
general rule the greater the number expressed, the greater is the 
number that may be understood as imphed; for instance, "about 

^1 This is communis iheologorum doctrina. Cf. S. Alph. 1. c. Lib. YI. n. 
466; Reuter, 1. c. Tract. V. De Confess, n. 312; Lugo, Disp. 16, Sect. 2. 



164 THE RECIPIENT OF PENANCE 

three times" would mean from two to four times; ''about five 
times," from four, to six times; ''about ten times," from eight 
to twelve times; "about one hundred times," at most from 
ninety to one hundred and ten times. It is clear from this 
general appreciation of theologians that the numbers implied 
by the term "about" increase in proportion to the actual num- 
ber mentioned. If the penitent discovers that he has mentioned 
a number considerably less than the truth, he must remedy the 
defect; if he has erred by giving too large a number, he need 
not correct the mistake, because the larger number includes the 
less. Moreover, it is advisable, instead of using high numbers, 
to state how often the sin has been committed in the course of 
a week or a month, etc., especially with regard to frequent or inte- 
rior sins. Indeed with habitual sinners it suffices to state how 
long they have indulged the evil habit, and that they have given 
willful consent more or less daily whenever occasion offered ; 
this is enough, when the actual number of sins is so doubtful 
that there would always be a grave risk of a mistake in trying 
to determine it. "The confessor, when he knows the period 
over which the accusation extends, may easily and safely form 
his opinion in the case of a penitent whose will is habitually 
inclined to sin, that the penitent has sinned as often as there 
were necessary interruptions to his sin." ^^ This method in 
determining the number of sins is as well founded as the other, 
for in this case, too, all is done that is morally possible. Hence 
the confessor should never force his penitent to give a deter- 
minate number, for this is in most cases impossible. On the 
other hand, the confessor should help the penitent to state 
the number in the way we have indicated.^^ 

^■^ Lehmk. 1. c. cp. II. Confessio, art. I. § 1, n. 305. 

2^ S. Alph. Praxis Conf. n. 20. Compare Casus Bened. XIV, pro anno 
1744, mens. Jun. cas. 3. A man confesses that for a month he has been 
harboring evil thoughts against his friend, and during the same time enter- 
taining impure thoughts about a woman; the question is put whether such 
a confession is sufficiently complete. The ansvver is given distinguendo : 



THE NUMBER OF SINS IN CONFESSION 165 

Hence a prostitute makes a sufficient statement in confessing 
how often she has been accustomed to sin each day or week, at 
the same time telling the species, or at least the more general 
species, of the sins so far as possible ; she would make a perfect 
confession by an accusation such as follows: ^'I have spent so 
many years in this state of sin, and as occasion offered I sinned 
with all w^ho came, married and unmarried, and also with those 
who were bound by vow." Penitents must always give at least 
the more general specific characters of their sins, and the num- 
ber of times per day or w^eek they have sinned. ^^ 

A similar difficulty is presented in the case of those who have 
a deeply rooted habit of sin — those, for example, who con- 
stantly entertain impure desires with regard to women whom 
they chance to meet; it is very difficult in such a case to give 
any number. Such people make a perfect confession by stat- 
ing that they are given to this habit, adding whether they in- 
dulge frequently in the day or week; besides this they should 
mention at least the more general specific characters, whether 
they indulge these desires with regard to married people or 
relations or persons consecrated to God.^^ 

The same difficulty arises wdth regard to uneducated and 
ignorant people who have to accuse themselves of impure con- 
versations carried on at their work during the whole day, on all 
sorts of subjects and before all kinds of companions. They, 
too, may confess the number and species of their sins as we 
have indicated above. ^^ 

Lugo and Sporer would also admit the confession as valid and 

1. If the penitent has occasionally recalled his unfriendly wishes or impure 
desires, and has not fallen into them very often, the confession is not suffi- 
cient. 2. If he has never retracted in either case and has fallen frequently 
into those sins every day, the statement will suffice as it stands. 

^^ Cf. Lugo, 1. c. Disp. 16, n. 573 ; Sporer, Theolog. Moral. Sacram. P. III. 
cp. III. Q. IV. n. 452. 

^5 Lugo, 1. c. n. 574; Sporer, 1. c. n. 453 ; Renter, 1. c. n. 313. 

"^ Lugo, 1. c. n. 575; Sporer, 1. c. n. 453. 



166 THE RECIPIENT OF PENANCE 

give absolution to a thief who accuses himself as follows: 
^' Since I was ten years old I have been so addicted to stealing 
that whenever a chance was offered — and that happened very 
frequently — I stole w^hat I could ; besides I have stolen sacred 
objects of considerable value on five occasions or, if I mistake 
not, six." " 

Though the accusation of the species in confession usually 
offers more difficulty than that of the number, yet Lugo advises 
the more learned confessors in particular to refrain from being 
too exacting in demanding the classification from their penitents. 
As the less-trained confessor may fail in this respect by defect, 
the more learned confessor is exposed to the danger of excess. 
The penitent must give the species of the sin, and the confessor 
is bound to inquire with due regard to the penitent's ability 
and the knowledge which he had at the time of sinning; for 
a man cannot do evil of which he is ignorant; moreover, it is 
sufficient to have a general consciousness of grave malice. 

24. The Confession of the Circumstances of Sins. 

The circumstances under which sins are committed (condi- 
tiones quce actus suhstantiam circumstant atque in ejus moralitatem 
influunt) are of different kinds: 1. Some change the species of 
the sin (speciem mutantes); for example, the circumstance of a 
vow or of marriage adds to the sin of impurity that of sacrilege 
or that of adultery. 2. Other circumstances are aggravating 
(aggravantes) in greater or less degree and gradum moralitatis 
mutantes or moralitatem augentes — such, for instance, as increase 
the malice within the limits of the same species; they are the 
duration of the act, its intensity, its degree, the manner of 
carrying it out, the particular occasion, etc. 3. Other circum- 
stances are mitigating {minuentes, moralitatem minuentes), be- 
cause they palliate the malice of the act ; as, for example, want 
of advertence, etc. 

8'^ Cf. Lugo, 1. c, and Sporer, 1. c. 



CONFESSION OF THE CIRCUMSTANCES OF SINS 167 

The circumstances must be confessed : — 

I. If they change the species of the sin. This is the express 
teaching of the Council of Trent. Hence it is not enough to 
confess to steahng if the property of the Church has been taken ; 
for the steahng of a res sacra is not merely a sin of injustice but 
a theft from God and so a new sin. If a child curses its parents, 
it is not enough to mention that it cursed, for, since special rev- 
erence is due to parents, the violation of that special reverence 
is a new sin. 

The following circumstances call for particular mention : — 

1. The circumstance of the person ivho coramits the sin, when 
with regard to the matter of the sin he is consecrated to God or 
bound by vow, as in sins against purity, or when he sins against 
the chastity of the married state, or when he stands in special 
spiritual relations towards those with whom he sins. 

If a man is consecrated to God by Holy Orders or the reli- 
gious state and has to confess a sin against purity, he must men- 
tion the circumstance of his state of life, since he has committed 
a double sin, one of impurity and another of sacrilege. Now 
those who are consecrated to God by Holy Orders or the reli- 
gious state incur the special sin of sacrilege when they fall into 
impurity; the mere circumstance of the vow being simple or 
solemn does not constitute a new species, nor the fact of being 
bound to chastity by vows of religion as well as by Orders ; these 
added details need not be confessed. Many moralists teach also 
that those incur sacrilege who are bound by a private vow of 
chastity, and St. Alphonsus admits this opinion as probable. 
Hence all those who have sinned against purity make a full con- 
fession when they confess the circumstance of the vow by which 
they are bound, without distinguishing whether the vow be private, 
solemn, simple, or that of Orders (votum solemne ordinis sacri). 

This is the doctrine of Lugo ^^ and Lacroix; ^^ Sanchez,^^ too, 

38 Disp. 16, n. 146 et seq. 39 l. c. 1060, etc. 

^° De matrin)on. L. 7, Disp. 27 et seq. 



168 THE BECIPIENT OF PENANCE 

defends this view on the ground that the solemn vow is in sub- 
stance or in se not distinct from the simple vow. His authority 
seems to have won over many theologians to the same opinion. 
Gury also holds this view ; but the Ratisbon ^^ and Roman *^ 
editions of his valuable manual reject it in the notes. Lehm- 
kuhl/^ moreover, opposes it and teaches that to incur a personal 
sacrilege (and this is the question under discussion) the person 
sinning (or with whom the sin has been committed) must be 
consecrated to God puhlica auctoritate, i.e. by Holy Orders or 
by vows of religion. Hence by the violation of a private vow 
of chastity a sacrilege in its strict and proper sense is not in- 
curred, though a sin is committed against religion by the breach 
of fidelity to God. Sacrilege is incurred by the abuse of a sacred 
object. Now that cannot be called a sacred object which is 
privately consecrated to God without aily recognition on the 
part of the properly constituted authorities. A private vow 
cannot produce this effect, for the common teaching of all theo- 
logians, a few excepted, maintains that the breach of such a 
vow is a violation of fidelity, not of the reverence due to God, 
at least not in such a degree as to constitute a sacrilege strictly 
so called. ^^ Thus the more correct view is that of those who 
hold that, in confessing sins against purity, the circumstance of 
Holy Orders and of the religious vow is to be given; for who- 
ever confesses as doubtful a circumstance which certainly 
changes the species of the sin does not fulfill the precept of con- 
fession. Such may be the case, for instance, where a priest con- 
ceals the circumstance of Holy Orders and mentions only the 

41 Editio in Germania V (Ratisb. 1874), P. IT. Tract, de Confess, n. 492. 

42 Gury-Ballerini, Ed. IX (Romse, 1887), P. IL Tract, de Confess, n. 492, 
Q. 12 et P. T. n. 286. 

43 L. c. Tract. V. De Sacrani. Poenit. Sect. II. cp. II. Confess, art. I. Sect. 
2, 11. 310, and P. I. L. I. Tract. IL cp. II. art. IL n. 385, and cp. III. art. IL 
n. 455. 

44 Cf. S. Thomas, II. IL Q. 88, art. 3 ; Suarez, 1. c. n. 1 et seq.. Tract. VI. 
1. 5, c. 3, n. 2 et seq. 



CONFESSION OF THE CIRCUMSTANCES OF SINS 169 

violation of the vow of chastity; for the violation of this vow 
is certainly a sacrilege for those in whom it has been solemnized 
by the reception of "Holy Orders/' while that of the simple 
vow is only doubtfully so/^ 

Parish priests by scandalizing their flock, parents their chil- 
dren, teachers the scholars under their instruction, incur a spe- 
cial sin against charity. Such persons have in virtue of their 
office the strictest obligation to edify those intrusted to them 
and to keep them away from harm. The case of a confessor 
who gives scandal to a person who happens to be his penitent is 
different; but he is obliged to mention the circumstance of this 
relationship when he has given scandal in connection with the 
administration of the Sacrament; his office as confessor only 
imposes on him the strict duty of guiding the penitent safely in 
the Sacrament of Penance, and is only transitory, ending per se 
with each confession, while that of the parish priest and of the 
others mentioned above demands a constant spiritual care of 
those intrusted t^o them. Other offices involving authority do 
not change the species of the scandal given to subjects, though 
they may increase its malice, if, for example, a master leads his 
servant into sin. The dignity of a person does not of itself 
change the species of the sin of scandal given to his subjects, 
though it increases the gravity of a sin. If, however, a master 
has taken upon himself the duties of a parent, for instance, 
towards his servant-girl, he most certainly incurs a new and 
distinct sin by scandal given to her, and must mention his 
special relation to the girl. 

2. The circumstance of the person with whom the sin has been 
committed, if God's honor has suffered in any way, or if the 
rights of a third person or the particular respect or love which is 
due to the said person have been violated. 

If the person with whom sin has been committed or who has 

46 Cf. Gury, ed. Ratisbon, 1. c. 



170 THE RECIPIENT OF PENANCE 

been led into sin is consecrated to God or bound by a vow re- 
ferring to the matter of the sin, a new and special sin is incuiTed 
against the virtue of religion {i.e. a sin either of sacrilege or at 
least of a violation of the vow). If any one commit a sin of 
impimty with a relation, it is no longer merely a sin against 
purity, it is incest. It is a probable opinion that the penitent 
is not obliged to mention the exact degree of relationship whether 
by blood or marriage, since that does not change the species 
ratione incestus, except in the first degree either of blood-rela- 
tionship or marriage connection; thus sin committed between 
father and daughter, mother and son, father-in-law and daugh- 
ter-in-law, mother-in-law and son-in-law, must be mentioned 
along with the relationship ; yet there is no doubt that ratione 
superioritatis vel pietatis sin incurred by a father with his own 
daughter or his daughter-in-law, bears a different character from 
the sin of a son with his mother or mother-in-law. 

The sin of hatred acquires a new species of sinfulness when 
the hatred is directed against those more closely connected, e.g. 
parents, children, grandparents, grandchildren, and against those 
connected by marriage in the first degree of the direct hne, such 
as wife, godparents, and brothers. Hatred of those most nearly 
related may much more easily become a grievous sin than 
hatred of other people.^^ 

3. The circumstance of place, if a sacrilege is thereby com- 
mitted; thus (a) if a sacred object or something belonging to 
the property of the Church is stolen and taken out from a sacred 
building, a double sacrilege, real and local, is committed. The 
circumstance of the local sacrilege, that is, the fact that sin has 
been committed in the Church is not of itself gravely sinful; 
hence when a profane object which is merely accidentally in 
the Church is stolen, a sacrilege, though not a gravely sinful one, 
is added to the sin of theft.^^ (h) If the immunity of a church 

4« Lugo, Disp. 16, n. 298. 

4^ Gury-Ballerini, I. n. 286, and Lugo, De Poenit. Disp. 16, n. 466 sqq. 



COXFESSIOy OF THE CIECU21STAyCE8 OF SINS 171 

is violated; (c) if anything is clone in a church by which it 
is polluted in the sense of the canon law ; (d) if profane occupa- 
tions gravely at variance with the holiness of the place are carried 
on in the church, whether those occupations be in themselves 
sinful or not. 

4. The circumstance of time; if, for instance, the time at 
which the sin took place was the reason vrhy the action in ques- 
tion has been forbidden, and if by the action done at some par- 
ticular time a special offence is given to God. This circumstance 
might involve grave sin (a) if Good Friday were chosen for the 
performance of an obscene play; (h) if during the forbidden 
time a marriage were celebrated with great pomp; (c) if dur- 
ing the celebration of Mass or immediately after holy com- 
munion, before the sacred species had time to be altered, the 
communicant were to commit some outrage greatly dishonoring 
to the Blessed Sacrament. These are circumstances which 
moralists generally enumerate as constituting a new species of 
sinfulness. On the other hand, a sin committed on a Sunday 
or feast-clay or on a communion-day is not per se invested with 
the particular malice of a sacrilege ; nevertheless the fact that a 
man relapses into his old sins on a confession or communion day 
gives ground for the suspicion that his last confession was de- 
void of real contrition and in consequence invalid and sacri- 
legious.^^ 

5. Finally, the circumstance of the end in view is to be con- 
fessed if it is in se mortally sinful; for instance, a man who 
steals with the object of getting drunk is guilty of drunkenness 
as well as theft, and on that account must confess the purpose 
for which he stole. ^^ 

Now there are many penitents who cannot judge of the cir- 
cumstances which change the nature of the sin; such must be 

48 Cf. Luo-o, De Poenit. Disp. 16, n. 213 sqq. 

« Cf. Lehmkuhl. 1. c. Tract. V. Sacr. Poen. Sect. IT. cp. II. Conf. art. I. 
§ 2, n. 308, and Th. M. Gen. Tract. I. cp. III. § 2, n. 31. 



172 THE RECIPIENT OF PENANCE 

taught to mention in confession whatever increases or diminishes 
the maHce of the sin ; the rest will be supplied by the confessor, 
for he has the duty of asking the penitent not only about the 
circumstances which affect the species of sin, but everything 
which he considers necessary to aid him in forming a correct 
judgment on the spiritual state of the penitent. This right im- 
plies a duty on the part of the penitent to answer the questions 
put to him; these questions turn for the most part on habits of 
sin, relapses, and proximate occasions of sinning. Hence Inno- 
cent XI condemned the proposition ^° which denies the obliga- 
tion of answering when the confessor makes inquiries about 
habits of sin. The knowledge of a habit of sin, or of relapses, 
or of proximate occasions is very important in settling whether 
absolution should be given or deferred ; ^^ besides it is of su- 
preme importance to the confessor in his office as physician that 
he be in a position to suggest the necessary and proper means 
for amendment. The penitent must, therefore, if asked, men- 
tion former sins though already confessed. No one need take 
offense because he is thus obliged per accidens to repeat sins which 
have already been duly forgiven; the purpose is not to pro- 
nounce a new sentence upon them, but to enable the priest to 
form a correct judgment with regard to the sins just confessed 
by noting their relation to former sins, and thus to prescribe 
suitable means of correction and provide as much as possible 
agamst relapses. '^^ 

11. 'Those circumstances are also to be mentioned by which 
sins of their own nature venial become mortal (C. aggravantes) . 
Intemperance is not always a mortal sin, but it becomes so 
when it deprives a man of the use of reason; to steal a cheap 



5° Propos. 58 damn. 

^1 See § 48, The Duty of the Confessor with regard to asking Questions. 
Compare §§ 64, 65. 

52 Cf. Mazzotta, 1. c. Tract. VI. Disp. I. Q. IV. De Confess, cp. 3; Gury- 
Balleriui, 1. c. n. 485« 



CO^'FESSION OF THE CIRCUMSTANCES OF SINS 173 

tool might of itself be only a venial sin, but if the loss of it 
deprives a poor artisan of the means of doing a day's work, it 
becomes mortal. In the same way one ought to mention the 
mitigating circumstances which make a mortal sin only venial 
or even no sin at all. 

Moralists give seven cases in w^hich circumstances may change 
a venial into a mortal sin : — 

1. Ratione conscientice erronece, when a man through ignorance 
thinks a venial sin to be mortal. 2. Ratione scandali vel gravis 
damni, when grave scandal is given to one's neighbor, doing 
spiritual or temporal harm; as, for instance, if a priest were to 
speak lightly of sacred things — thus St. Bernard ^^ says : NugcB 
inter sceculares nugce, in ore sacerdotis hlasphemice sunt; or, again, 
if a priest behaved lightly with a woman or were seen the worse 
for drink; or if one were to address a person rather insultingly, 
foreseeing that he would break out into a great rage and blas- 
phemy ; or if a woman dress vainly and foresee that some young 
man at the sight of her will sin mortally by impious desires. 
3. Ratione pravi finis graviter mali, when, for example, a small 
lie is told to lead a girl into sin. The evil intention may not only 
increase the guilt of a sinful action, but it will make an other- 
wise innocent action sinful. 4. Ratione formalis contemptus 
legis vel superioris, when a venial sin is committed out of formal 
contempt for the law or lawgiver, or superior, as when a Catho- 
lic on an abstinence day, and quite aware of the duty of abstain- 
ing, eats ostentatiously a little flesh-meat to show the slight 
regard in which he holds the law.^^ 5. Ratione pravi affectus 
in rem alioqui leviter malam, when a man is so attached to a 
venial sin that he would commit it even if it were mortal, or in 
consequence of this attachment would be ready to commit other 
mortal sins,^^ as, for instance, if a man chose rather to steal than 

^3 De considerat. II. 13. 

54 Cf. S. Thomas, II. II. Q. 186, art. 9 ad 3. 

55 Cf . S. Thomas, I. II. Q. 88, art. 2, 



174 THE RECIPIENT OF PENANCE 

to overcome his vanity or intemperance. 6. Ratione periculi 
seu occasionis proximce in peccatum mortale labendi, when the 
venial sin is known, or can be known, as a proximate occasion 
of mortal sin; a man, for example, looks at a person of the 
other sex or entertains rather familiar relations with her though 
he knows that such conduct in his case is a proximate occasion 
of gravely sinful desires or actions. Even actions otherwise 
neutral or indifferent may for this reason become gravely sin- 
ful. 7. Ratione cujuscunque circumstantice quce mortalem in se 
malitiam contineat; thus insults, proceeding from envy and de- 
sire of revenge, may be mortal sins.^^ Hence these circum- 
stances must be confessed. 

The following circumstances may make sins venial which are 
of their own nature mortal : 1. Smallness of matter; 2. Want 
of full advertence ; 3. Want of consent ; 4. A false conscience." 

These circumstances must be told in confession not in order 
to secure its integrity, but that the confessor may be able to 
form a correct judgment. 

III. Circumstances which make but little difference in the 
gravity of the sin need not be confessed. 

IV. Circumstances which aggravate a mortal sin within its 
own species to a notable degree (circumstantice notabiliter aggra- 
vantes intra eamdem speciem) need not per se loquendo be con- 
fessed; this is the common and most approved teaching of 
theologians ; other reasons may exist which make it expedient 
to mention these circumstances. 

At the same time theologians are not unanimous on this sub- 
ject. Three opinions are current, and each one of them has its 
own probability and its champions of no mean repute. We 
may as well observe that the probability of the negative propo- 
se Cf. S. Thomas, I. IT. Q. 88, art. 5; S. Alph. Lib. VI. n. 59-63; Giiry- 
Dutnas, I. n 153 ; Scavini, I. n. 734. 

s"? Cf. 8. Thomas, I. 11. Q. 88, art. 1 et 2 ; S. Alph. 1. c. n. 54; Gury- 
Dumas, 1. c. 



CONFESSION OF THE CIRCUMSTANCES OF SINS 175 

sition (that there is no obligation) is conceded even by its 
opponents; hence all grant {ex omnium sententia) as probable 
that no one is bound to confess these circumstances, so that 
a penitent cannot be forced to disclose them unless some 
exceptional case should call for their mention. ^^ 

Those who maintain the affirmative proposition {i.e. the duty 
of confessing the circumstantice notabiliter aggravantes) fall back 
on the reasons to which the Council of Trent appeals for the 
necessity of confessing circumstantias speciem mutantes, viz. in 
order that the confessor may make a correct judgment, impose 
a suitable penance, and suggest the proper means of help; for, 
they add, the circumstantice notabiliter aggravantes exercise a 
great influence on the view of the case taken by the confessor, 
and on that account ought to be confessed. The fact of the 
Council defining that only the circumstantial speciem mutantes 
need be disclosed might be easily explained by supposing that 
the Council defined only what was certain, and left theological 
views where they were, neither approving nor condemning them. 
The last conclusion, however, is not justified, for the Council 
prescribes that circumstantice speciem mutantes should be con- 
fessed without determining any precept for the aggravantes, and 
if equally cogent reason had existed for confessing both classes 
of circumstances, there could have been no reason for restricting 
the doctrine to those which change the species ; for, says Lugo,^** 
it ought to have made the decree to embrace both classes without 
imposing any limiting clause. 

Further demonstration is taken from the Rituale Romanum, 
which directs: ^'If a penitent has not confessed the number, 
species, and circumstances which ought to be given, the con- 
fessor must ask him." By the word species should be under- 

58 On this controversy see, in addition to S. Alpli. Lib. YI. n. 468-471 
and Lugo, 1. c. Disp. 16, Sect. 3, Ballerini, Op. Theol. Mor. L c. cp. I (de 
integr. mat.), n. 852-365. 

59 De Poenit. Disp. 16, n. 115. 



176 THE RECIPIENT OF PENANCE 

stood the circumstantice speciem mutantes, and by the rest the 
circumstanticB notdbiliter aggravantes. This distinction, however, 
is unfounded, for by species is meant species ex parte ohjecti, such 
as steahng, impurity, etc., and under circumstantice necessarice 
the circumstantice speciem mutantes or the species ex parte cir- 
cumstantiarum, as when theft becomes a sacrilege, etc.^*' 

Appeal is made also to the Catechismus Romanus, which 
directs that those circumstances should be confessed ^^ which 
greatly increase or diminish the malice." ^^ It may be ob- 
jected to this, however, that the context makes it clear that 
there is no necessity to interpret the passage as referring to cir- 
cumstances which merely increase the degree, not the kind, of 
the guilt; for the Catechism continues thus: Many circum- 
stances are so serious that in them alone lies the whole gravity 
of the sin, so that they ought to be confessed ; but the only cir- 
cumstances which can make a sin grave are those that change 
the moral or theological species. This is confirmed by the fact 
that the Ritual prescribes also that circumstances very notably 
diminishing the gravity of the sin should be revealed; for even 
the opponents grant that this has force only when the mitigat- 
ing circumstances change the species. ^^ Moreover, the Catechism 
illustrates its doctrine by declaring the necessity of mention- 
ing the circumstance of ^'a person consecrated to God" in a 
case of murder, and the circumstance of '' marriage" in the case 
of impurity; and these belong to the circumstances which 
change the moral species. Finally, if the Catechism adduces 
the example of a theft, it is no proof that the question is not of 
circumstances w^hich change tne species, and when it declares 
that one who has stolen one gold piece is less guilty than another 
who has stolen a hundred pieces this may easily be understood 
of a circumstance which (with regard to the absolute quantity) 

60 Cf. Aertnys, 1. c. De Poenit. P. II. cp. III. art. 3, n. 192. 

61 P. II. De Poenit. cp. 5, n. 47. 

62 S. Alph. 1. c. n. 4G8 ad prob. 3 ex ratione. 



CONFESSION OF THE CIRCUMSTANCES OF SINS 177 

constitutes a venial guilt and so introduces a distinct theologi- 
cal species.^^ 

This view is held, among others, by Suarez, Sanchez, Gonet, 
Lacroix. 

Other theologians teach that there is no necessity of confess- 
ing circumstantias notahiliter aggravantes , but they make an 
exception with regard to the circumstance of quantity in cases 
of theft. St. Alphonsus, along with other theologians, how- 
ever, is of opinion that this exception ought not to be granted 
if the quantity is described as being large ; for from that the con- 
fessor can per se make a sufficiently accurate judgment. Bal- 
lerini remarks very justly that the exception should be worded 
thus : Except when some additional reason exists, e.g. a reserva- 
tion directed against a certain kind of incest or against the theft 
of some given amount. 

The third opinion denies absolutely the necessity of confess- 
ing circumstantias notahiliter aggravantes, and this is the more 
common and probable view, for which there are many and 
weighty reasons. 

(a) The Council of Trent by positively limiting its decision 
to those circumstances which change the species seems to exclude 
positively the obligation of confessing others. It teaches that 
circumstances must be mentioned because without them the sins 
would not be properly confessed by the penitents nor properly 
understood by the judge, so that he would be incapable of esti- 
mating correctly the gravity of the sins and of imposing a be- 
coming penance. From these words of the Council it is fair to 
conclude that the penitent has done all that is necessary when 
he confesses those circumstances. 

(b) Moreover, we are bound only to declare mortal sin; now 
the circmnstantice notahiliter aggravantes within the same species 
evidently add no new species of a mortal sin, hence they need 

^^ Gury-Ballerini, 1. c. P. IT. cp. 2, art. II. n. 484; Aertnys, 1. c. 



178 THE RECIPIENT OF PENANCE 

not be confessed. To confess them is an act of perfection, 
good, of course, and wholesome, just as is the practice of con- 
fessing venial sins. 

(c) Moreover, many consequences of no small importance 
follow from the opposite doctrine. While the present opinion 
is calculated to set at rest the minds of both penitent and con- 
fessor, the other has quite the opposite tendency, for who could 
even approximately gauge how far circumstances have a notable 
effect upon the sin? Imagine the difficult and often fruitless 
inquiries a confessor would have to make with many of his. peni- 
tents in order to come to a satisfactory decision. It follows, 
besides, from the opposite view that the circumstantm notahiliter 
minuentes would have to be confessed or else the confessor would 
consider some sin more serious than it actually was, and even 
our opponents grant that this is not necessary. 

{d) Finally, the Church could not in the General Council 
deduce this obligation from the words of Christ, otherwise she 
would not have given that definite limit to the obligation; the 
law of confessing circumstantice notahiliter aggravantes is, there- 
fore, at least doubtful, and a doubtful law has no binding force. 
Hence this opinion may be adopted 'in praxi with a safe con- 
science even though its opposite be probable, and whoever fol- 
lows it does not expose the Sacrament to any danger of nullity, 
for to secure validity a formally entire confession is sufficient, 
and of that there is no doubt. 

This view is taught by St. Thomas (in 4 Sentent. d. 16, Q. 3, 
art. 2 et Opusc. 7, Q. 6), St. Antoninus, St. Bonaventura, St. 
Bernardine, Lugo, Vasquez, Bonacina, Salmanticenses, and the 
greater number of the older theologians. Among the more 
recent it is quite the common doctrine; compare Gury and the 
different editors of his text-book, among whom Ballerini is 
strongly in favor of this opinion, Miiller, Lehmkuhl, Aertnys, 
Mark, Konings, Simar, Kenrick, Gousset, Pruner, Ninzatti, etc. 

It is, however, advisable to mention these circumstances, and 
it is necessary : — 



CONFESSION OF THE CIllCUMSTANCES OF SINS 179 

(a) When they affect the jurisdiction of the confessor, as in 
the case of a censure or reservation. If one has struck a cleric, 
for instance, it should be mentioned whether the assault was 
notorious or not ; in the former case it would be reserved to the 
Pope, in the latter to the bishop ; also if the person struck were 
a cardinal, a bishop, apostohc nuncio, or other cleric, since the 
excommunication is reserved in a special manner to the Pope. 

(h) When they affect the character, in law or justice, of im- 
portant acts, as espousals, various contracts, restitution, etc., 
in order that the penitent may receive proper instruction; this 
is most important in cases of theft. 

(c) When, finally, the confessor without a knowledge of these 
circumstances is unable to direct his penitent as required for his 
salvation. 

Since these circumstances must be confessed, not because they 
are circumstanticE notahiliter aggravantes , but on the grounds 
alleged, the confessor has a right to question about them and 
the penitent is obliged to answer as we have already observed. 

Moreover, the faithful usually add these circumstances in 
confession because it gives greater peace of heart and more 
abundant fruit; besides, a better and safer guidance is thus 
secured and an opportunity of practicing humility. 

As to the utility and advisability of confessing circumstances 
all theologians agree in making an exception with regard to sins 
against the sixth commandment ; for beyond what is necessary 
to determine the species of the sin the confessor ought not to 
ask the penitent any further question nor allow him to make 
any further statement. Even with regard to the species theo- 
logians all teach with one accord that in so dangerous a matter 
where scandal may so easily be given one may at times refrain 
from inquiring into the species.^* 

Cedreno gives useful advice for the confession of the circum- 

^* Gury-Ballerini, 1. c. ii. 484, nota c. 



180 TEE RECIPIENT OF PENANCE 

stances attending sin: ^^If the person with whom you have 
sinned, the place where the sin was committed, or the manner 
of its accompUshment, or any other detail, gives you special 
remorse, then mention that point, for it will then be the con- 
fessor's duty to decide from these indications how far they affect 
the species of the sin or only increase its gravity." 

25. The Confession of Doubtful Sins. 

There are three points of view from which a sin may be re- 
garded as doubtful : — 

1. With regard to the existence of the sinful action, as 
when a man doubts whether he really committed the action. 

2. With regard to the quality of the sin, as when a man knows 
he has sinned, but doubts whether it is a mortal or a venial sin. 

3. With regard to the confession of a sin, as when a man 
knows he sinned grievously but doubts whether he ever con- 
fessed his sin. 

The doubt may be positive or negative. A negative doubt 
exists when no solid reason can be given either pro or con, but 
only insignificant arguments for both sides, so that no decision 
can be arrived at. A positive doubt exists where two contra- 
dictory propositions have each solid reasons in their support. 

Armed with these premises we are now in a position to set 
forth the doctrine with regard to the confession of doubtful sins. 

I. A sin need not be confessed when there is no positive reason 
to suspect its existence or gravity, or when there is positive 
ground against believing its existence or gravity, even where 
there is a sohd reason on the other side. In other words, a sin 
negatively doubtful from both points of view, or positively 
doubtful from both points of view, or negatively doubtful on 
the side affirming guilt is not necessary matter of confession; 
but a sin positively doubtful on the side affirming guilt and only 
negatively doubtful on the side denying guilt, must be con- 
fessed. 



THE CONFESSION OF DOUBTFUL SINS 181 

With the exception of a few rigorists, theologians are unani- 
mous in teaching that a sin positively doubtful from both sides 
need not be confessed ; for if there is a duhium facti which estab- 
lishes the obligation of a law, liberty is in possession, i.e. there 
is no obhgation. But in our case the fact of the sin is doubtful, 
thus we are not obhged to confess it. Moreover, when the 
existence of a law is doubtful we are not bound by it ; but the 
law of confessing doubtful sins is uncertain ; hence we are not 
bound by it. 

If, however, a man in danger of death doubted whether he 
had committed a grievous sin, knowing that he had never been 
to confession since that doubtful act, he would be obliged, in 
order to avoid the risk of damnation, not indeed to confess that 
sin, but either to receive the Sacrament of Penance, in which he 
confesses other sins, that thus he might receive at least indirect 
absolution if his doubtful sins were really mortal, or he should 
at least make an act of perfect contrition. In such a case the 
act of perfect contrition sine voto confitendi would be sufficient, 
since no obligation binds him to confess the peccata duhia.^^ So 
much for sins which are positively doubtful on both sides. 

If, however, a very strong argument affirms our guilt with 
only very shght reason to deny it, we are obliged, according 
to the unanimous teaching of theologians, to confess those 
doubtful sins, for in such a case the conviction of our inno- 
cence does not rest on solid grounds. Of course our guilt is not 
conclusively proved; but in these things where evidence is 
often wanting we must be led by principles of sound moral 
certainty, even when they are unfavorable to us, since confes- 
sion is not only a burden, but a Sacrament, and as such a 
means for greater sanctification.^® In this case one cannot 

65 S. Alph. 1. c. n. 473 and H. A. n. 30; Mazzotta, 1. c. Tract. VI. Disp. 1. 
Q. IV. de Conf. cp. 4. Cf. Balleriiii, Op. Theol. Mor. 1. c. (de peccatis 
dubiis) n. 374. 

•^6 Cf. Lugo, Disp. 16, n. 58. 



182 THE RECIPIENT OF PENANCE 

argue that in duMo jacti (and this undoubtedly exists) the oppos- 
ing arguments cancel one another, as might two opposing wit- 
nesses; for this only takes place when the two arguments are 
of the same kind and quite similar, as in the case of two opposing 
eye-witnesses, when it is certain that one of the two is mistaken 
and neither can be believed since it is not known where the mis- 
take lies. It is quite different, however, when the opposing 
reasons are of distinct classes and unlike, as in the case of two 
witnesses who do not recount what they themselves have seen, 
but bear witness to various conjectures pro and con; then they 
both deserve reasonable attention, since the conjectures on either 
side rest on different motives. 

If a penitent doubts positively whether he has sinned in some 
action, and it is probable that advertence or consent, etc., was 
wanting, or that full dehberation or consent was absent, he is 
not obliged to accuse himself of this action in confession. 

On the other hand, theologians are not so clear as to the obli- 
gation of confessing sins which are doubtful duhio negativo pro 
utraque parte. The older theologians, among whom St. Thomas 
and other eminent doctors are to be found (Sanchez enumerates 
forty), insist on the duty of confessing this class of doubtful 
sins. This opinion is founded on the decree of the Council of 
Trent declaring that all grave sins quorum conscientiam hahent 
(sc. poenitentes) must be confessed ; thus the penitent must con- 
fess the sins as they are in themselves, those which are certain 
as certain and those which are doubtful as doubtful. This is 
the general and constant practice of the faithful, and by that 
fact we may consider it as proceeding from Christ's institution.^^ 

Other theologians, of no small weight both by their number 
and authority, do not impose the obhgation of confessing these 
doubtful sins. St. Alphonsus also defended this view in a very 
convincing manner on internal grounds. The Council of Trent 

^' Compare in particular Sanchez, Snarez, Lngo, Laymann, Sporer, etc. 



THE CONFESSION OF DOUBTFUL SINS 183 

binds penitents only to reveal those sins quorum conscientiam 
habent; it says nothing about uti sunt in conscientia, or telhng 
undoubted sins as certain and doubtful as doubtful, but only 
quorum conscientiam habent, which means those of which they 
have certain knowledge; for., according to St. Bernard, con- 
scientia is nothing more than cordis scientia and judicium practi- 
cum on the sins incurred. Now doubtful knowledge is neither 
knowledge (scientia) nor a judgment (judicium) , but a suspensio 
judicii; hence no one can have a conscientia peccati who has no 
proof that he has incurred sin. This is the answer to the argu- 
ments of the first opinion. Weight is added to this answer by 
the very words of the same Council: ^'It is well known that in 
the Church of God nothing more is demanded of the penitents 
but that each one after diligent examination . . . confess those 
sins by which he is conscious to himself of having grievously 
offended his Lord and God; the remaining sins, however, which 
do not occur to him after diligent examination are considered 
as included generally in the same confession." Since, therefore, 
concludes the holy Doctor, the penitent is not bound to confess 
his venial sins, he is not bound to confess the doubtful ones, 
for the Council says he is not obhged to confess any but the 
mortal sins of which he has knowledge; but to doubt is not 
'Ho have knowledge," it is rather 'Ho be wanting in knowledge." 
Moreover, an onus certum ought not to be inflicted for a delictum 
dubium, and in the doubt whether the law exists there is no obli- 
gation to observe the law. Finally, he who doubts without 
good foundation should not heed the doubt. The faithful, it 
is true, do confess these doubtful sins in order to gain peace and 
ease of conscience, but not because they are bound to do so; it 
is also customary and general for them to confess those which 
are positively dubious, and no one holds that this is of obhga- 
tion, not even our opponents. 

The grounds for this opinion, and the objections to the oppo- 
site view, are so convincing that it may be regarded as the more 



184 THE RECIPIENT OF PENANCE 

probable and be followed tuta conscientia.^^ The following objec- 
tion has no weight. Since confession is a necessary means for 
salvation, and since in such a case a man must take the safer 
means rather than trust to a probable opinion, he is thus obhged 
to confess peccata duhia. A distinction must be made. The 
Sacrament of Penance, and particularly the absolution in which 
its efficacy for the most part consists, may certainly be called 
a necessary means for salvation in re vel in voto with regard to 
those who have committed mortal sin after Baptism; besides, 
if a man doubt whether he has sinned grievously, either perfect 
contrition or absolution are necessary, and for that reason con- 
fession also in so far as this is required to obtain vaUd abso- 
lution or sanctifying grace through the absolution; but the 
integrity of confession can be regarded as necessary only in so 
far as it is proved to be the prescribed means of obtaining 
absolution licite et valide. The proof, however, for the necessity 
of confessing doubtful sins is so little substantiated that, as 
we have shown, the very opposite is proved from the words of 
the Council and the explanation of St. Alphonsus.^^ 

When one considers the teaching of those older theologians 
who maintained the necessity of confessing mortalia negative 
duhia, it is not difficult to see that, while their mode of expression 
comprises more, yet, they really meant to say that a penitent is 
not to consider himself free from all obligation of confessing his 
sin for some paltry reason which is in his favor, though knowing 
at the same time that there are weighty reasons to be urged 
against him and his freedom from mortal sin.'^^ 

^8 Nearly all the later theologians hold this doctrine. Ballerini (Not. ad 
Oury et Op. Theol. Mor. 1. c. n. 377) calls the opinion that one is obliged to 
confess peccata duhia downright false. Cf. Miiller, 1. c. Sect. 121 ; Lehmknlil, 
]. c. n. 317; Gury, 1. c. n. 477; Marc, \. c. Tract. V. De Pcenit. Diss. II. cp. 
ir. art. II. Sect. 1, n. 1695, etc. 

^^ Lehmkuhl, 1. c. n. 317. 

''^ Cf. Lehmkuhl, 1. c. ; jMazzotta, 1. c. De oris confessione, cp. 4. St. Al- 
phonsus declares very precisely that St. Thomas' doctrine on this matter is 



THE CONFESSION OF DOUBTFUL SINS 185 

From this teaching it fohows that he who has a negative 
doubt as to whether he sinned is not stride loquendo obhged to 
confess before communicating; but in order to make sure of 
the required dispositions he ought either to make an act of per- 
fect contrition or receive sacramental absolution after confessing 
something which is included under materia certaJ^ 

For the rest it is in practice generally recommended to the 
faithful, in order to secure peace of soul, to mention even their 
doubtful mortal sins, though there is no obligation to do so, and 
the confession without the accusation of these sins is complete; 
they must, however, be instructed to confess these sins as doubt- 
ful and not as certain. If a penitent have only sins of this sort 
to accuse himself of, he has a right to conditional absolution 
on the first accusation of them. It is better, however, to add 
other certain matter as the sins of one's past hf e ; this is required 
if the absolution is to be unconditional. 

In practice the following rules might be profitably observed : — 

1. If there be a doubt as to whether the matter of a sin be 
grave, ill-instructed penitents (pcenitentes rudes) should confess 
their doubts because (a) they cannot guide their own consciences, 
or they do so with great difficulty, and because (6) for the most 
part they do not know how to distinguish between mortal and 
venial sin. Exception, of course, is made for the scrupulous who 
are not in the habit of frequently committing mortal sin. Well- 
instructed penitents are certainly not obliged to confess doubt- 



not against ns : " He does not speak of a penitent who after diligent exam- 
ination of conscience comes to the conclusion that his sin is doubtfully 
mortal and then lays aside his doubt in accordance with, the rule that there 
is no certain obligation where it is question of a doubtful transgression ; he 
is rather considering the case of the penitent who is certain that he has per- 
formed a sinful act but cannot decide w^hether it was gravely sinful or not ; 
such a penitent is, of course, obliged to take pains to remove the doubt, and 
if he cannot settle he must submit it to the judgment of his confessor, whose 
office it is to distinguish between sin and sin." S. Alph. 1. c. n. 474 (fin.). 
71 S. Alph. 1. c. n. 475. 



186 THE RECIPIENT OF PENANCE 

ful mortal sins, since the}^ are in a position to guide their own 
consciences; yet they are advised to do so, for then their con- 
fessor is informed of the dangers to which his penitent is exposed 
and can warn, instruct, and free him from them. 

2. If the doubt turns on the free consent of the will or full 
advertence, (a) penitents of timorous consciences, who do not 
ordinarily sin mortally, are in no way obliged to confess doubtful 
sins, for the presumption is in their favor: ex communiter con- 
tingentihus fit prudens prcesumptio. Since they are not in the 
habit of sinning mortally, it is fair to presume that their doubt- 
ful sins are not mortal; indeed they ought not infrequently to 
be deterred from confessing them if they are inclined to scrupu- 
losity. " A man of approved virtue who is worried as to whether 
he has consented to an impure temptation may be morally cer- 
tain that he has not consented; for it is morally impossible that 
a will so constant in good resolutions should change without 
giving unmistakable signs." ^^ (h) Penitents who, though not 
timorous, are not lax are certainly not obliged to confess a doubt- 
ful consent, though they may be advised to do so to secure peace 
of conscience and the other benefits which follow from the prac- 
tice, (c) If, however, the penitent has a lax conscience, he is 
obliged to confess his doubtful sins, for the presumption is 
against him.'^^ 

If, then, a pious person who often renews his resolution never 
to sin mortally is not certain that he has ever revoked that 
resolution; if he is startled when he perceives the evil and 
promptly repels the temptation, and doubts whether he has 
given way; if he remembers that he was in an excited state of 
mind; if he cannot tell whether the thought or action took 
place in sleep or in waking moments, the presumption is that 
there was no full consent. 

The presumption, however, is against those who are accus- 

72 Habert, t. 3 de consc. Cf. S. Alph. 1. c. ii. 470. 

73 Cf. S. Alph. 1. c. n. 470; Renter, 1. c. P. IV. n. 300 ss. 



THE CONFESSION OF DOUBTFUL SINS 187 

tomed to fall easily into grave sin; had they withstood the 
temptation they would remember what effort they made to 
overcome it. Hence Lacroix ^* very justly concludes that such 
people never have a real negative doubt, since the presumption 
determines the probability of consent or resistance to the temp- 
tation. 

Now comes the question as to what the penitent ought to do 
who has confessed a mortal sin as doubtful and afterwards 
discovers that he has certainly committed it; is he obliged to 
confess the sin anew or may he consider the case closed? The 
sin has undoubtedly been remitted directly by the power of the 
keys, since the concUtional sentence '^if thou hast really sinned" 
becomes absolute where the condition has been verified. St. 
Alphonsus ^^ teaches that sins confessed as doubtful should be 
mentioned again as certain if it turns out that they are certain; 
and this doctrine he affirms to be the common opinion. The 
defenders of this view maintain as their great argument that the 
sin was not confessed as it was in the conscience at the moment 
when it was committed; then it was a peccatum certum; more- 
over, they argue, the sentence passed on a doubtful sin is 
quite different from that passed on a sin which is certain. Yet 
in the case of sins which have been confessed in round numbers 
St. Alphonsus himself teaches that even when the penitent 
afterwards recalls the exact number, he is not obliged to confess 
again; why, then, should this obligation be imposed on the 
penitent who has confessed his sin as doubtful when he discovers 
later that it was certain? A man who has confessed that he 
has committed a mortal sin about ten times and later discovers 
that the number was twelve must either confess as certain the 
two or more sins which were previously confessed as doubtful, 
or, if this obligation is denied, he cannot be obliged to confess 
a sin again which he has discovered to be certain after having 

■^4 Cf. Lacroix, 1. c. Lib. VI. P. 2, n. 612 ; S. Alph. 1. c. n. 476. 
'5 S. Alph. 1. c. n. 478. Cf. H. A. De Sacr. Poenit. cp. 3, n. 3L 



188 THE RECIPIENT OF PENANCE 

already confessed it as doubtful. That in the first instance the 
penitent is free of all obligation to confess again, is the sententia 
communissima, and it is borne out by the practice of the faith- 
ful ; hence in the other case the same freedom must be granted, 
for both decisions rest on the same grounds. Nor can it be 
objected that the number of the sins is merely a circumstance, 
while the sin itself is a substantial fact, for the number belongs 
to the very substance, since it indicates so many substantial 
acts."^^ 

It is true that St. Alphonsus calls the affirmative opinion 
communis; but since Lugo (though even he gave his adhesion 
practically to the view of St. Alphonsus in consideration of the 
great number of theologians w^ho favored it) has combated the 
view with strong arguments, later theologians adopted his side, 
so that the affirmative proposition maintaining the duty of 
confessing again can no longer be considered as communis. At 
present, as Ballerini aptly shows, the other view is the com- 
munior sententia and is established on good external and internal 
probability, and may be unhesitatingly considered as prohahilior 
et communior?'' 

II. If a man is certain that he has committed a grave sin but 
doubts upon slight grounds whether he has confessed it, he must 
accuse himself of it; but if he has a sufficient probability that 
it has been confessed, he is under no obligation. 

In this case some positive reason is required to show that he 
has complied with the obligation of confessing the sin, for an 
undoubted command is not satisfied by a doubtful fulfilment: 
but where there is really good reason to suppose that the sin 
has been confessed, that is, a reason which, though open to 

76 Lugo, 1. c. Dispiit. 16, n. 52, n. 87, n. 78. 

"'"^ Cf. Ballerini, Not« ad Gury, 1. c. n. 480, and Op. Theol. Mor. 1. c. n. 
380 ss.; Lehmkuhl, 1. c. n. 318; Aertnys, 1. c. Lib. YL Tract. Y. P. IT. cp. 
3, art. 3, n. 193, Q. 4 ; IMiiller, 1. c. Lib. TIL T. W. Sect. 121, is wrong in cnll- 
iiig the affirmative opinion communissima et rem. 



THE CONFESSION OF DOUBTFUL SINS 189 

some doubts, offers some probability, the obligation may, in 
accordance with the principles of probability, be regarded as 
not binding. ^'For if we are to avoid making laws and duties 
odious, we ought to concede something to human probability 
taken in a broad sense ; thus presumption in a case of this kind 
often presents proof of sufficient probability and security."^* 

Hence a man who is accustomed to make his confessions with 
care, and later on is unable to remember whether he has con- 
fessed this or that sin, may presume that he has confessed it, 
and he is not obliged to confess it again. This is the teaching 
of many eminent theologians.^^ Although St. Alphonsus af- 
firms that a man is obliged to mention again a sin which has 
probably been already confessed, he does not condemn the 
contrary opinion. If, again, a man who has been converted 
from a habit of sin, and for a long period has been leading a 
good life, begins to doubt whether, in the confessions either 
general or particular which have been made with suitable care, 
some sin or circumstance has been withheld, he may be forbidden 
to mention that sin or circumstance, or even to think of the past 
at all. Finally, scrupulous people ought only to confess their 
past sins when they are quite certain Ihat they have never con- 
fessed them; this is the sententia communissima.^^ 

"^^ Lehmkuhl, 1. c. n. 319. Cf. Aertnys: In praxi, prcesumptio amovet duhi- 
tationejn ; Ballerini, Op. Theol. Mor. 1. c. n. 379. 

■^^ Suarez, Bonacina, Lugo, Salmanticenses, Lacroix, etc. 

^° S. Alph. 1. c. n. 477. Thus the holy Doctor does not express a general 
obligation of confessing the sins in this case. In the Qucest. rec. reform, n. 
16 he appeals from Suarez, Lugo, etc., to Concina, who, along with others, 
teaches the obligation of confession cum dubia sit confessio et certa sit con- 
fessionis oUigatio (see Vindicice ' Alplionsionce) . Meanwhile, as Ballerini 
shows, St. Alphonsus in the Roman edition of his Moral Theology of the 
year 1757, which is dedicated to Benedict XIV, releases the penitent from 
the obligation of repeating the confession ut etiam communiter dicunt Suarez, 
Sanchez, Lugo, etc., etc. And Lugo writes (De Pcenit. Disp. 16, n. 58) : 
Communiter docent omnes nan teneri {quempiam^ ad confitendum illud (pecca- 
tum) quod prohabiliter judicat se . . . confessum jam fuisse. Cf. n. 59, where 
the same subject is treated of: nihil frequentius apud theologos, etc. Hence 



190 THE BECIPIENT OF PENANCE 

On the whole it is recommended in practice to mention doubt- 
fully confessed sins, because their confession helps much to peace 
of soul and allays all anxieties. 

Quite distinct from the preceding question is the case in which 
a man fully confesses as certain some sin which he has com- 
mitted, but which neither he nor the confessor considered at 
the time as a mortal sin ; if af terwards, in consequence of better 
instruction or advice, he discovers that the sin was mortal ex 
genere suo, he is not obliged to repeat it, for it was already per- 
fectly confessed and it is not necessary for the validity of con- 
fession that the penitent or confessor should know that the 
matter of a sin is grave, and it is the matter only that is involved 
in this case.^^ 

III. The sins which have been incurred after a doubtfully 
valid Baptism must be confessed when Baptism is given con- 
ditionally. Lehmkuhl treats very fully of this question and 
remarks that on this point there can be no doubt after the late 
decisions of the Apostolic See. Many theologians were inclined 
to free converts from the obligation of making a confession of 
their sins on the ground that, their Baptism by a heretical min- 
ister being doubtful, the sins committed after Baptism were 
doubtful matter for confession; hence they thought that to 
such converts, if they confessed matter sufficient in any way 
for receiving validly the Sacrament or the grace of sanctification 
through the Sacrament, absolution might be given conditionally ; 

the sententia communis of theologians is that within the given limits there is 
no obligation, so that Ballerini justly exclaims: ''Who would not rather 
abide by St. Alphonsus when he follows those great theological luminaries 
than when he clings to Concina ! " " And has Concina tliereby taught any- 
thing new? Indeed, since the whole question rests on a general principle, 
are we to rate so low the common teaching of such great theologians as to 
grant the privilege of clearer intuition to the judgment of the rigorist Con- 
cina?" Ballerini, Notse ad Gury, L c. n. 479. Cf. Op. Theol. Mor. 1. c. n. 
382 ss. 

81 S. Alph. 1. c. n. 478; Sanchez, 1. c. Lib. I. c. 10, n. 69; Suarez, 1. c, etc. 
Cf. Aertnys, 1. c n. 193, Q. 4. 



THE CONFESSION OF DOUBTFUL SINS 191 

this, they maintained, was the practice to be recommended in 
order that converts might not be obhged in the beginning 
of their conversion to midergo this often very severe ordeal of 
a confession of a lifetime. 

In answer to repeated questions the Apostolic See (in the 
years 1715 and 1868) explicitly declared that converts who 
receive conditional Baptism must after receiving this conditional 
Baptism confess the sins of their past life and be absolved from 
them sub conditione. This decision was given of course as an 
answer to a particular case laid before the tribunal; but the 
intention of the Holy Office, as is quite clear, was to pass a sen- 
tence and give a universal decision which might apply to all 
cases falling under this head and wh'ch might be regarded in 
future as the law on the matter, for this decree can be regarded 
only as an authentic interpretation of the divine law by the 
Head of the Church, and not as a local law of the Church or a 
part of her discipline. Nor need any one be surprised that a 
decree, though particular in form, has a universal application; 
for a command of the Church will never prescribe anything as 
necessary matter of confession which is not in accordance with 
the divine law.^^ In order, then, to recognize the possibility 
that such a precept is contained in the decree of 1715 it must 
be granted that, in accordance with divine right, the sins incurred 
after doubtfully valid Baptism must be submitted to the keys. 
Such is what we learn from that positive declaration ; moreover, 
reason confirms it, for, though one who is doubtfully baptized 
has not a certainty but only a probability of receiving sacra- 
mental absolution of his sins, it in no way follows that the 
obligation to confess them is only probable and practically to 
be disregarded; for the duty of confessing and performing the 
assigned penance is for all more certain than that probability 
of receiving the effects of the Sacrament. This does not go 

82 Cf. S. Antonin. Summa, P. III. Tit. 14, c. 19, § 14. 



192 THE BECIPIENT OF PENANCE 

beyond a moral certainty taken in the wider sense, since it rests 
ultimately on the validity of the Baptism and other conditions, 
so that doubts can always be entertained about it. But the 
duty of confessing and performing the assigned penance permits 
no such doubt, since every obligation though it be based on 
grounds only morally certain is sufficiently evident; otherwise 
there would be an end of anything like obligation in human 
affairs. 

Now with regard to confession and absolution of sins in the 
tribunal of penance Christ has handed over all power to the 
jurisdiction of the Church, and it is by Baptism that men come 
under this jurisdiction; this is the external rite by which men 
are admitted as members. But no one doubts that a man 
remains subject to the jurisdiction of a social body into which 
he has been admitted by the acknowledged external rites till 
that reception is proved to be invalid. All, therefore, who have 
in any way received Baptism (which they were desirous of re- 
ceiving validly, though its validity admits of doubt) are as a 
general rule undeniably and certainly subject to the Church's 
jurisdiction and laws and are bound to comply with the divine 
precept which ordains that their sins should be told in confession 
and sentence passed upon them. In other words, the doubt 
with regard to Baptism has this effect, that the Baptism can be 
regarded as invalid in the sense that it can and ought to be 
repeated conditionally lest the man should risk his eternal sal- 
vation, but nowise in the sense that one who is doubtfully bap- 
tized may consider himself free from the observance of these 
precepts and obligations which are binding on the baptized by 
the ordinance of God or the Church; among these duties the 
precept of confessing sins holds the principal place. ^^ 

S3 Of. Lehmkuhl, 1. c. ii. 321 ss. ; Aertnys, 1. c. De Poenitent. Art. III. 
Confessio, n. 187, Q. 1, and Acta S. Sedis, Vol. 4, p. 320. Cf. the note of 
Fr. Haringer, C.SS.R., to St. Alphonsus' Moral Theology, Lib. VI. Tract. 
IV. De Poenit. n. 488 ; Wilmers, Lelirbuch der Religion, Fourth Edition, 
1886, Vol. IV. § 74, p. 674. 



SINS OMITTED WITHOUT FAULT 193 

As to the ceremonies to be observed in receiving a convert 
into the Church, there is nothing to prevent the confession being 
made first, followed by the conditional Baptism, then a summary 
repetition of the accusation along with an act of contrition and 
the conditional absolution. This order is allowed by the Holy 
Office in a Rescript of November, 1875. The American Ritual, 
on the other hand, gives the following order: 1. Renunciation 
of heresy and profession of faith; 2. Conditional Baptism; 
3. Confession with conditional absolution. This order was pre- 
scribed by the instruction of the Holy Office for North America. ^^ 

26. Sins Omitted through Forg^etfulness or other Causes not 
Blameworthy. 

In order that the principles to be apphed here may be under- 
stood, it must first be observed that all grievous sins committed 
after Baptism must be confessed ; hence what has been said of 
the material and formal integrity of confession as well as upon 
the distinction between sins directly and indirectly remitted 
must be carefully borne in mind. 

Since the formal or subjective integrity of confession consists 
in this, that all mortal sins are mentioned w^hich the penitent 
can recall after a diligent examination of conscience, and of 
which the enumeration is possible hie et nunc, it does not suffer 
by inculpable forgetfulness on the part of the penitent ; and the 
same holds true of all other legitimate reasons which at any 
time excuse the penitent from objective integrity. ^^ 

Sins which are required for objective though not for subjec- 
tive integrity are considered as included in the confession and 
are really remitted by the absolution, not directly, however, 
but only indirectly. 

Hence are derived the following principles : — 

I. Mortal sins omitted without fault are and remain materia 

8^ Cf. Appendix ad Concil. plen. Bcdtlm. II. in Collect. Lac. T. III. col. 550. 
8s See § 27. 



194 THE RECIPIENT OF PENANCE 

necessaria of confession, or the objective duty of confessing them 
remains binding as before. 

These sins are, of course, really forgiven, but, as. we have 
already observed, only indirectly or per concomitantiam through 
their connection with the other mortal sins which have been 
confessed and directly remitted. In the Sacrament of Penance 
the remission of sins is effected by the absolution; but sins 
which have not been mentioned do not directly fall under the 
absolution since, properly speaking, they are unaffected by the 
sentence pronounced by a judge who knew nothing about them. 
Nevertheless the absolution pronounced rite et valide over cer- 
tain sins is effectual because it is sacramental and because in 
God's providence no remission of sin takes place without an 
influx of sanctifying grace into the soul which presents no obex. 
Now sanctifying grace removes the whole reatus culpce mortalis 
and restores a man to perfect friendship with God and to his 
claim in the heavenly kingdom. Thus valid absolution pro- 
duces sanctifying grace in the soul and consequently the remis- 
sion of all mortal sins staining the soul, even those inculpably 
forgotten. 

There remains now the precept of Our Lord to submit all 
mortal sins to the power of the keys in the Sacrament of Pen- 
ance; these forgotten sins have not been confessed as yet, 
nor has the priest pronounced any direct sentence upon them. 
Though these sins have been remitted indirectly, there still 
remains the obligation ex jure divino of confessing them directly 
to the judge in the tribunal of penance when they occur to the 
mind again, not because these sins have been revived, but be- 
cause the neglect of God's command in the matter would involve 
a new sin. This holds of all mortal sins inculpably omitted, 
of their species, of all circumstances changing the species, as 
well as of mortal sins, confessed indeed, but to a priest without 
jurisdiction who either bona fide or for reasonable motives gave 
direct absolution of the sins for which he had faculties, thereby 



SINS OMITTED WITHOUT FAULT 195 

remitting the others indirectly. Hence Alexander VII con- 
demned the proposition: ^'Sins which have been omitted in 
confession either from an imminent danger to life or for any 
other motive need not be mentioned in the following confes- 
sion." (Prop. XI. damn.) It is different, however, in the case 
of reservation or censure for a sin remitted indirectly if confes- 
sion be made to a priest equipped with the necessary faculties ; 
for in general absolution is given from reservation and censure, 
and the penitent is probably freed from the reservation or cen- 
sure attached to the sin forgotten ; so that if the sin occur again 
to his mind, he may be directly absolved by any confessor, even 
a confessarius simplex. ^^ 

II. The obligation of confessing these forgotten sins does not 
urge ratione sui "as soon as possible" (quam primum), not even 
before receiving holy communion. 

Of course many distinguished theologians ^^ teach that who- 
ever remembers a grave sin, even though not committed since 
the last confession but forgotten, must confess that sin and 
receive absolution before going to communion. The only reason 
urged is that he is conscious of this sin; and, according to the 
Council of Trent, no one who is conscious of grave sin may 
receive communion before having confessed where there is an 
opportunity of making the confession. The defenders of this 
view maintain that the Tridentine decree ^^ is so expounded and 
understood by the whole Church ; they make an exception, how- 
ever, for the case where confession cannot be made without risk 
of scandal or infamy, as, for example, when a priest is already 
celebrating Mass or a layman has approached the communion- 
rail and cannot retire without exciting remark. 



Gury-Baller. II. De Poen. ii. 494 s. 

^" Lugo, De Euchar. n. 126 ; Suarez, Disputat. 66 s. 3 ; Lacroix, n. 539 ; 
Salmanticenses, De Euch. c. 7, p. 3, n. 30, etc. 

88 Sess. XIII. cp. 7. 



196 THE BECIPIENT OF PENANCE 

It is permissible, however, with St. Alphonsus and other 
theologians (in less number) to follow the other '^very probable 
opinion" which denies the obhgation of confessing; for in reahty 
confession has preceded communion and the penitent has con- 
fessed all the sins of which he was conscious, so that neither the 
Council of Trent nor the divine law seems to demand more; 
moreover, the forgotten sin has been remitted indirectly, the 
penitent is in the state of grace, not merely by an act of contri- 
tion but in virtue of the valid confession. The practice of the 
faithful which is appealed to for the opposite side is not to be 
regarded as of binding force, but rather a pious and praiseworthy 
custom. 

Though one may follow tuta conscientia the opinion which 
denies the obhgation, it is good to recommend to the faithful to 
confess before communion the sins which have been forgotten, 
unless the extremely sensitive conscience of the penitent should 
require another course to be adopted ; the practice should not, 
however, be imposed as binding. ^^ 

The view held by some, though a very few, modern theo- 
logians, that it is quite sufficient to mention these sins without 
receiving absolution, is not at all in harmony with the divine 
institution of the Sacrament, for confession is not made with 
the view of acquainting the priest with the sins committed, but 
in order that they may be remitted by his judicial sentence. 
Hence a serious argument for the necessity of confession can be 
drawn only from the supposition that absolution is necessary. 
Accordingly a penitent who confesses a new mortal sin immedi- 
ately after absolution must be absolved again. Of course this 
absolution may be put off to the next confession if the penitent 
comes again to the same confessor to whom he told the sin. 
Such delay, however, would hardly be recommended, since it 

89 S. Alph. 1. c. Lib. VI. Tract. III. De Euchar. cp. 11. Dub. II. n. 257; 
Lehmkuhl, 1. c. n. 325 ; Aertuys, 1. c. Lib. VI. Tract. IV. De Euchar. Art. 
in. u. 98, Q. TL 



SINS OMITTED WITHOUT FAULT 197 

would involve the penitent in the following dilemma: Either 
he is not free to choose his confessor on the next occasion on 
which he approaches the Sacrament, or if he goes to some other 
priest he must confess the same sin again. 

III. The duty of confessing sins inculpably omitted must 
be fulfilled either when there is danger of death or at the 
next confession, whether it be a confession of duty or of 
choice. 

Hence these omitted sins must be confessed, even if no new 
mortal sin has been incurred, ratione sui when there is grave 
danger of death and at the time which the Church prescribes 
for the yearly confession ; for the annual confession is prescribed 
not only in order to obtain sanctifying grace, but also to fulfill 
the divine law, more clearly defined by the law of the Church. 
In this case the precept would be binding under grave sin 
because of the presence of materia necessaria, for a mortal sin 
omitted even without fault is materia necessaria. 

If, however, a confession be made before that time, either of 
materia necessaria or materia libera, the confession must include 
the previously omitted sin. This is so evident that no theolo- 
gian ever dreamt of disputing or doubting it. Every confession 
must be complete subjectively or formally, and by the declara- 
tion of the Council of Trent this confession is not complete unless 
it includes the sins previously omitted. For this subjective 
integrity it is required that all mortal sins not yet subjected to 
the keys which occur to the penitent should be confessed unless 
some legitimate obstacle stands in the way. If these omitted 
sins are kept back in the next confession following, that con- 
fession is incomplete and sacrilegious. It cannot be argued that 
these sins had been already indirectly forgiven, for, to speak 
of no other objection, the same might be urged of sins already 
condoned by an act of perfect contrition. ^^ 

90 Gury-Ballerini, 1. c. n. 495 ; Lehmkubl, 1. c. n. 326. 



198 THE BECIPIENT OF PENANCE 

27. Reasons Excusing from Complete Accusation. 

In the preceding paragraph we said that sins may be omitted 
by the penitent without the confession becoming sacrilegious. 
As there are reasons which can justify such silence, and release 
the penitent from the obhgation of confessing the sins of which 
he is conscious, we devote this paragraph to the consideration 
of these reasons. 

I. No difficulty in the confession itself or internally connected 
with it ever excuses from making a complete accusation; for 
when Christ gave the precept that all grievous sins should be 
confessed to His representatives in the tribunal of penance, He 
intended that we should submit to the difficulties inherent in 
such an accusation and bear them as a penance for our sins, 
and this discipline is very wholesome for the penitent. 

A difficulty of this kind would be, for instance, the great 
shame felt in confessing a sin, even if it came only from the fact 
of mentioning it to this or that particular priest ; the course then 
to be adopted is to put off the confession, or to go to another 
confessor, or to be brave and overcome the shame. This dif- 
ficulty was recognized in the Council of Trent, and hence it was 
declared that the difficulty of such a (perfect and candid) con- 
fession and the shame of declaring one's sins might well seem 
great obstacles, but that they were counterbalanced by the 
consolation and profit accruing to those who received the Sac- 
rament worthily. ^^ The same may be said of the other diffi- 
culties, such as the fear of losing the esteem of one's confessor 
or of receiving a rebuke from him. If such reasons as these 
could be held to justify a want of integrity in the accusation, 
the faithful for the most part would consider themselves at 
Hberty to make incomplete confessions, and the great object 
for which this Sacrament had been instituted would to a great 
extent be frustrated. ^^ 

91 Sess. XIII. cp. 5. 

9=2 Cf. (xiuy, 1. c. n. 497 ; Aertnys, 1. c. n. 104 ; and Lehmkuhl, 1. c. art. 
III. n. :V_>7. 



REASONS EXCUSING FROM COMPLETE ACCUSATION 199 

Likewise, a large gathering of penitents (concursus magnus 
poenitentium) on the occasion of a great feast or indulgence is 
never a reason for want of integrity in confession, for this is 
not a case of necessity and it would expose the priest to the risk 
of giving absolution to ill-disposed subjects. Nor can excep- 
tion be made to the rule of integrity because people might con- 
jecture from the time taken in the confessional that the penitent 
had committed very many sins.^^ 

II. Besides the case of physical impossibility, however, there 
are others which justify an incomplete avowal of sin; they are 
in general such external or accidental difficulties in connection 
with the confession which render a complete accusation mor- 
ally impossible, or involve grave harm to the penitent or the 
confessor. ^Vhen the impediment no longer exists the law of 
God comes again into force; the moral impossibility of mak- 
ing a complete confession does not altogether cancel the duty 
of making it, but only suspends it, since the precept of confes- 
sion is not one that is confined to any fixed time or state, but 
extends over one's lifetime; hence mortal sins which have not 
been confessed must be mentioned later when opportunity 
offers. 

III. In order that the excuse of moral impossibility may be 
pleaded it is necessary, 1, that there should be a real or probable 
risk of great harm ; 2, that it is impossible to find another con- 
fessor to whom a full disclosure may be made without fear of 
this particular harm; 3, that only those sins or circumstances 
be kept back of which the avowal would cause harm; and 
finally, 4, that the confession cannot be put off. 

IV. Physical impossibihty might result from, 1, inculpable 
forgetfulness or inculpable ignorance, or only venially culpable 
ignorance and forgetfulness. A man who is ignorant invinci- 
hiliter et inculpahiliter that the particular act which he calls to 

93 S. Alph. 1. c. L. YL n. 485. 



200 THE RECIPIENT OF PENANCE 

mind is sinful, or does not know that his sin must be confessed 
with its number and species and circumstances changing the 
species, is not bound to integrity in confession ; there is still 
less obligation on an uneducated and weak-minded penitent. 

If, again, a man in examining his conscience cannot recall a 
past sin, or, having recalled it, forgets about it in the confessional, 
*he is physically incapable of making a complete confession. (On 
this point see the preceding paragraph.) It is to be noticed, 
however, that in the case of gravely culpable negligence or care- 
lessness in examining the conscience an imperfect confession is 
invalid ; if, for example, a man through his own fault is ignorant 
how confession ought to be made, or was unwilling to make a 
careful examination of his conscience. On the other hand, one 
is not obliged to go to confession sooner in order not to forget 
past sins, though frequent confession is much to be recommended ; 
for we are bound only to accuse ourselves of the sins of which 
we are conscious at the time of confession after making a dili- 
gent examination of conscience. 

2. There is, moreover, physical inability when there is immi- 
nent danger of death (a) on account of the penitent's condition 
being such that if he should try to make a complete confession 
he may die before receiving absolution ; (6) in a common danger, 
such as shipwreck, before a battle, during a violent epidemic or 
a swift conflagration. If in such a case there is no time to 
hear the confession of each individual, it is enough for all to 
make a general confession of their sins in order to receive absolu- 
tion, and the priest may give it, using for all the one formula: 
Ego vos ahsolvo. . . . Finally, (c) when the confessor himself is 
near death and no other priest is at hand. 

The following instructions may be observed by confessors in 
actual practice : — 

(a) In case of extreme necessity the accusation of some spe- 
cific sin must be made so far as it is possible, but in the case of 
a dying man who is still conscious the confessor should be more 



BEASONS EXCUSING FROM COMPLETE ACCUSATION 201 

solicitous about exciting contrition than about seciu-ing a com- 
plete confession; in the case, however, of a penitent deprived of 
consciousness, especially if he gave no previous sign of repent- 
ance, the confessor may give absolution conditionally and then 
devote his care to the administration of Extreme Unction, which 
in such a case is more certainly valid and efficacious than the 
absolution itself ; meanwhile, however, there would be no reason 
for not giving the absolution beforehand. 

(b) If only one confession has to be heard and there is immi- 
nent danger, say, from an attack by an enemy, the confessor 
should get the penitent to mention some one sin, to make an 
act of contrition, and he should then absolve him, when under 
the circumstances the absolution is a matter of necessity. If 
there are several who wish to make their peace with God, as 
before a battle or in a shipwreck, the following points are to 
be observed: — 

(a) If the danger is very pressing, the confessor must exhort 
all to make acts of contrition and purpose of amendment, or, 
still better, himself make along with them acts of contrition and 
amendment, and get them to give some sign of their sorrow 
and their self-accusation, as by raising their hands or striking 
their breasts; then he may give them absolution in a body.^* 

(/3) If there is time enough for each one to approach the con- 
fessor, though not for making a complete confession, they 
should be admitted singly in order the better to secure the 
salvation of each one, in such numbers as the time will permit ; 
and in order that as many as possible, if not all, may be heard, 
the accusation may be as short as possible; thus contrition 
will be more genuine. Of course the penitents will be told 
that in the event of their lives being spared they must make 
up what was wanting to the integrity of the confession. ^^ 

94 Keuter, Theol. Moral. Quadripartita, Tom. IV. Tract. V. Q. IX. n. 331, 
exempl. 

95 Reuter, 1. c. n. 331, exempl. 5 ; Lehmkuhl, 1. c. n. 329. 



202 THE BECIPIENT OF PENANCE 

3. Physical inability may also arise from the defectus loquelce 
of the dumb who cannot make a complete confession either by 
writing or by signs. For them it is sufficient if they confess one 
or other sin by signs. If the defect be only a stutter, the peni- 
tent must confess as best he can.^^ 

4. The defectus auditus of the deaf who cannot express them- 
selves nor hear the questions which the confessor must put in 
order that the confession may be complete, can be reckoned as 
a physical inability^. They are obliged to make a perfect con- 
fession ex sua parte, i.e. to mention all that so far as they know 
is required for a perfect confession, and thus they may not keep 
back anything. Those who are merely hard of hearing are not 
on the same footing with the deaf ; their confession should be 
made in a place where the voice may be raised without others 
overhearing what is said. If, however, the confessor should 
find out only in the course of the confession that the penitent 
is hard of hearing, and he cannot take him to a more retired 
place without fear of causing the bystanders to suspect that 
some grave sin has been confessed and so violating the seal, he 
may resign himself to permitting an imperfect confession and 
may refrain from putting questions. With women the confessor 
must be particularly on his guard not to give grounds for evil 
interpretation, since many people are quick to suspect wrong. 
Thus it Would be imprudent for him to admit women penitents 
to confession at times when the church is less frequented ; since 
absolute security for the seal of confession would even then not 
be attainable, and suspicion would in all likelihood be easily 
aroused. 

If the confessor is obliged to hear the confessions of deaf people 
in the church and he has doubts as to the integrity of the accu- 
sation, he must be more solicitous for the seal than for the in- 
tegrity of the confession; hence he must refrain from questions 

^^ Compare § 20, Confessions of the Dumb who are Able to Write. 



REASONS EXCUSING FROM COMPLETE ACCUSATION 203 

as to the number or circumstances of the sins and must give a 
very slight and ordinary penance, so that those who overhear 
his words may not be led to conclude that the penitent has been 
confessing mortal sins." 

5. Finally, ignorance of the language constitutes a physical 
impossibility for those unable to find a confessor understanding 
them; for such people it is sufficient if they manifest their con- 
trition and their sins as far as they can by signs. The con- 
fessor, in default of any other priest knowing the language, 
must admit them to confession and aliquoties absolve them even 
if he can barely make out the most general accusation. 

V. A moral impossibility exists, as before remarked, when 
great harm ensuing to the penitent or to the confessor or to some 
third person is to be feared from the completeness of the con- 
fession ; the harm to be feared must preponderate over the mate- 
rial integrity of the confession. 

Therefore exception is made to the demand of integrity (com- 
pleteness) in confession : — 

1. When there is risk of infamy (periculum inf amice), if the 
penitent is exposed to lose the esteem he is held in not only by 
the confessor but also by others. This may happen in various 
ways, particularly if the penitent is so placed that a perfect con- 
fession would be overheard by others, or if the time required for 
a complete confession were so long that it would give rise to 
unfavorable suspicions. Such a case is most likely to happen 
when others know that the penitent has been in the habit of 
confessing, and the latter, on account of those confessions being 
invalid, is obliged to repeat them, while the time for a communion 
which he cannot postpone without exciting comment, is quite 
close. 

A sick man, for instance, has confessed and is about to receive 



97 S. Alph. 1. c. Lib. yi. n. 644; Prax. Conf. n. 104; H. Ap. n. 155; 
Gury-Ballei-ini, 1. c. 11. n. 503, Not. ; Aertnys, 1. c. n. 297, Q. III. 



204 THE RECIPIENT OF PENANCE 

the viaticum ; he reveals to the priest that he has made several 
sacrilegious confessions. To repeat these in full would excite 
suspicions on the part of the bystanders who thought that he 
was prepared to receive holy communion. 

Or, to use another illustration, on the occasion of some solemn 
and public communion in common one of the communicants 
goes to the priest a short time before communion and reveals 
that he has made a sacrilegious confession; since there is no 
time to repeat it, it is enough if he makes an act of sorrow, men- 
tions the sacrilegious confession and perhaps one or two of his 
other sins ; he must then be absolved and later, of course, make 
a full confession. 

Or, a priest is already at the altar, about to offer the holy 
sacrifice, but remembers that he has mortal sins on his soul not 
yet confessed; he makes a short act of contrition and confesses 
his sins to an assisting priest who is standing close by him; the 
latter will then give absolution secretly. Outside the case of 
necessity where a priest must celebrate Mass or a person is to 
receive communion, the penitent is in nowise excused from mak- 
ing a full confession on the ground that others, noticing the length 
of time spent in the confessional, should suspect him of being 
guilty of many grave sins.^® 

2. When there is danger of breach of the seal of confession 
(periculum IcBsionis sigilli), as when, which is a very rare case, 
it should be foreseen that the confessor would break the seal, 
or in the case where a confessor could not reveal his own sins 
without at the same time revealing the sins of his penitent and 
so breaking the seal. 

The first case, i.e. where the confessor breaks the seal — with- 
out, of course, intending to do so — might happen when the 
priest speaks so loud that he can be overheard by those in the 
neighborhood, and in spite of representations still fails to subdue 

98 Aertnys, 1. c. n. 195, Q. I ; Lehmkuhl, 1. c. n. 330. 



REASONS EXCUSING FROM COMPLETE ACCUSATION 205 

his voice, either because he is deaf, or because his zeal runs away 
with him, or because he is afflicted with some defect of voice 
which prevents him talking in a lower tone. This would be 
only an indirect breach of the seal, certainly not to be sanctioned 
but rather to be severely blamed as wrong and sinful. If, then, 
the confessor speaks too loud, and continues to do so even after 
the penitent has reminded him of ths fault, the latter is justified 
in keeping back part of h*s confession so that the confessor may 
not in the course of his questions reveal to the bystanders the 
sins confessed. 

If, however, the penitent has an exaggerated dread that his 
confessor may break the seal by making revelations outside the 
confessional, he is not justified in withholding his confession in 
full, for he imagines a sin so horrible that the suspicion of it 
could only be entertained in the case of heretics. This holds 
true at least as far as a direct breach of the seal is concerned. 
A penitent could hardly ever be dispensed from a full confes- 
sion on account of such a fear, and if he were to reveal to 
another confessor that such a motive had prompted him to 
keep back some of his sins, the confessor could not receive this 
as an excuse without further inquiry. 

On the other hand, the danger of a breach of the seal on the 
part of a priest who confesses the sins he has incurred in hearing 
confessions is not beyond the bounds of possibility; in this case 
he must pass over in silence those sins which would involve 
such a risk.^^ 

3. When danger of scandal (periculum scandali) is to be feared 
either with respect to the priest or the penitent. Such a case 
might occur where the penitent is afraid of sinning by taking 
pleasure in thoughts against charity and especially against purity 
when examining his conscience ; his duty then would be to avoid 
dwelling upon the number and circumstances even at the risk 

99 Cf. Aertnys, 1. c. n. 195, and Lehmkuhl, 1. c. n. 332. 



206 THE RECIPIENT OF PENANCE 

of making an incomplete confession, for the natural law of avoid- 
ing the danger of grave sin prevails over the positive law of mak- 
ing a complete confession. The same reason may be a motive 
to the confessor to be very prudent in questioning such peni- 
tents so as not to expose them to commit new offenses against 
God in the very Sacrament of reconciliation. 

If a penitent have well-grounded fears of the confessor's weak- 
ness and that the latter will, if he hear a peccatmn turpe, give 
way to bad thoughts or cause him to sin, he is bound to avoid 
such a confessor ; if, however, in a case of necessity, he requires 
his help and cannot find another confessor hie et nunc, he may 
omit those sins of which the avowal would be dangerous. 

A priest who knows that his weakness exposes him to great 
risks in hearing confessions must withdraw from the confessional 
if it be at all possible, unless there be good reasons to suppose 
that the fear arises from some unforeseen and exceptional inci- 
dent ; in such a case the confessor must omit the questions which 
ordinarily would have to be put to secure the completeness of 
the accusation. 

^'Dangers of this kind are not to be lightly and unreasonably 
supposed, but only on solid grounds; and if it be a question of 
danger to , the confessor, onlj^ after very unmistakable indi- 
cations." ''' 

4. When a scrupulous penitent is always tortured with the 
thought that his previous confessions have not been valid and 
believes that his sins have never been properly confessed. ^"^ 
Such penitents are to be forbidden to make detailed examina- 
tion of conscience even though in consequence their confessions 
should fall short of the necessary completeness. 

5. When there is danger of bodily harm {damnum corporate 

100 Lehinkuhl, 1. c. n. 331 ; Stotz, 1. c. Lib. 1. P. TIT. Q. IT. nn. 68 et 69. 

101 S. Alph. 1. c. n. 488 ; Aertnys, 1. c. ; Elbel, Theol. Moral. Vol. III. P. 
IX. De Poenit. ii. 150. See § 72, Treatment of the Scrupulous in Con- 
fession. 



REASONS EXCUSING FROM COMPLETE ACCUSATION 207 

or periculum vitce). If, for instance, a long confession exposed 
the priest to danger of infection, even though by other precau- 
tions he might lessen the danger or perhaps quite reduce it, in 
order to avoid the risk he may allow the penitent to state quite 
briefly a few sins, thus contenting himself with an imperfect 
confession, and may then give absolution ; moreover, if the peni- 
tent is so weak and exhausted by the illness as to be unable 
without grave harm, or great increase of suffering and weaken- 
ing of his condition, to examine his conscience carefully and so 
make a perfect confession, the priest ought not to annoy him 
by questions, but rather try to awaken contrition and then give 
absolution even after an incomplete confession/*'^ 

It was observed above (n. 4) that moral inability to make a 
complete confession can only be admitted when the confession 
cannot be put off and is urgent hie et nunc. 

The confession may be regarded as urgent, 1, when the peni- 
tent is in danger of death ; 2, when the precept of annual confes- 
sion and communion is instant; 3, if the reception of holy 
communion or the celebration of Mass cannot be put off without 
confusion or scandal ; and, 4, if otherwise the penitent could not 
again approach confession for a long period. Reuter ^^^ and 
Lugo consider a delay of more than three days long enough for 
a man in mortal sin to regard the case as urgent; indeed one 
may consider the impotentia moralis as justified if a man were 
compelled to remain in mortal sin one or two days. 

There is a special difficulty in solving the question whether a 
sin can or ought to be confessed which cannot be disclosed with- 
out damaging the reputation of the partner of the sin in the eyes 
of the confessor. Theologians do not agree in their opinions, 
but are all unanimous in teaching, 1, that a penitent is obHged 
to seek, if possible, another confessor to whom he can make a 
complete confession and to whom the accomplice is unknown, 

102 S. Alph. 1. c. ; Stotz and Aertnys, 1. c. 

103 L. c. n. 331. Cf. St. Alph. 1. c. n. 487. 



208 THE RECIPIENT OF PENANCE 

and in this way save his neighbor's reputation; and, 2, that if 
the sin which cannot be confessed without injury to the char- 
acter of the accomphce is not necessary matter of confession, 
it ought not to be revealed unless the sin of the accomplice be 
only slight and the confession of that particular sin be of pecul- 
iar benefit to the penitent. 

If, nevertheless, the accomplice be revealed to the confessor, 
such revelation, in accordance with a very probable opinion, is 
not to be regarded as a grave sin; for according to the teach- 
ing of a number of theologians, whom St. Alphonsus approves 
and with whom St. Thomas seems to agree, it is not a gravely 
sinful defamation to reveal the sins of another to one or other 
trustworthy and upright man. Though many theologians de- 
clare this to be gravely sinful if done without reason, the oppo- 
site opinion is so well founded that it may be followed in practice 
as quite probable. ^°^ But if it is at all probable, it is much more 
so when the sin of another is revealed to a priest who is bound 
to the most inviolable secrecy by the highest and holiest ties. 
Hence it follows that the revelation of the accomplice is cer- 
tainly no sin when there is reasonable ground for it ; such would 
be, for instance, if the confession made to a priest who knows 
the accomplice were useful or necessary to the penitent, sup- 
posing that no other confessor, to whom the accomphce is un- 
known, were available; furthermore, the penitent is not bound 
to seek another confessor unacquainted with the accomphce if 
the search involves great trouble or loss. 

With these premises we approach the question : May a peni- 
tent, or ought he, confess a mortal sin which cannot be revealed 
without at the same time revealing the accomplice to the con- 
fessor, or may he omit the mention of that sin and so detract 
from the completeness of his confession? 

The greater number of theologians and those of most weight 

^^^ Cf. Aertiiys, Lib. III. Tract. VIII. De octavo Prsecepto Decalogi, n. 
53i, Q. 2. 



BEASONS EXCUSING FROM COMPLETE ACCUSATION 209 

teach that the revelation of the complex is not a reason excusing 
from an entire accusation, since it is no violation of the jus natu- 
rale which safeguards the reputation of another to reveal the 
secret sins of one's neighbor for good reasons to a prudent and 
upright man, and the law of charity. only forbids defamation of 
one's neighbor without reason ; in this case, however, there is a 
causa justa, and a very urgent reason, viz., the making of a per- 
fect confession and the guidance of the conscience. The precept 
of making a sincere accusation is potioris juris than the precept 
of not defaming the neighbor, so that such defamation in face of 
the need of making a complete confession is to be regarded as 
of no account. Lugo rejects, as involving a petitio principii, 
the other argument advanced by the defenders of this view, 
namely, that the penitent is simply making use of his right to 
confess his sin, and that the accompHce by participating in the 
sin has surrendered his claim to his reputation so far as it is 
affected by the confession of the sins ; he adduces another argu- 
ment: that since the benefits resulting from confession are so 
immense that Christ has bound the penitent to endure the shame 
of revealing his own sins, it is a natural consequence that to 
obtain such benefits one may be allowed to reveal another's 
sin.^^^ The same is taught by St. Thomas,^^^ St. Bonaventure, 
St. Antoninus, St. Bernard, Gerson, Cajetan, Henriquez,Suarez,^^^ 
Lugo,^^* Laymann, Vasquez/*^^ Toletus, Reginald Lessius, Tam- 
burini, Salmanticenses,"'' Renter."^ St. Alphonsus "^ also holds 
this view. At the same time they teach that the penitent is 
bound, if he can manage it commode, to spare the reputation of 
his accomplice by going to a confessor to whom the accomplice 
is unknown; and St. Alphonsus expressly condemns the view 
that this is matter of counsel and not of precept. Thus the 

105 Lugo, 1. c. n. 398. io9 Q. 91, dub. 3, a. 2. 

106 In IV. dist. 16, Q. 3, a. 2. no C. 8, n. 128. 

107 Disp. 34, Sect. 2. m P. IV. n. 321. 

108 Disp. 16, n. 398 sq. 112 L. c. n. 489. 



210 THE BECIPIENT OF PENANCE 

penitent is freed from the obligation of seeking out another con- 
fessor only (a) when there is danger of death or when the annual 
confession can no longer be put off; (b) when the penitent by 
refraining from communion or from the celebration of Mass 
would be exposed to misinterpretation and shame; (c) when a 
penitent is in a state of mortal sin, and would be obhged to re- 
main in that condition one or two days (per hiduum into etiam 
per diem) till he could find another confessor ; (d) when the com- 
plex may be presumed to have given up his claim to his good 
reputation, as in the case of a brother who having sinned with his 
sister knows that she will not go to another confessor without her 
mother; {e) when a priest being accustomed to celebrate every 
day, and a lay person being accustomed to communicate daily, 
would find much difficulty in omitting these pious acts ; (/) when 
a person finds great repugnance in revealing his or her state of 
soul to another confessor; (g) when otherwise the penitent 
would be deprived of a jubilee or other indulgence; (h) mothers 
or husbands may be excused when through a wish to have coun- 
sel or sympathy they reveal the sins of their children, etc., to a 
confessor who knows the latter, especially when they find it 
hard to approach another confessor; (i) when the seeking of 
another confessor involves a privation of consolation and peace 
for the penitent accustomed to a wise and helpful spiritual di- 
rector. Hence it is evident that a penitent is rarely, if ever, 
obliged to seek another confessor under the given circumstances."^ 
The other opinion, that it is not allowed to reveal the accom- 
plice, and in consequence that one is not bound to mention a 
mortal sin which cannot be confessed without reveahng the 
accompHce, is taught, among others, by Canus, Petrus Soto, 
Ledesma, Navarrus, Valentia, Banez, etc. Busenbaum and 
Mazzotta deemed the opinion probable."^ These theologians 
urge that it is a violation of the natural law to injure the good 

"3 S. Alph. 1. c. 490 ; Gury-Baller. TT. 500, Q IT. 
"* De Pcenit. Disp. I. Q. IV. cp. 7, § 1 ab initio. 



BEASONS EXCUSING FHOM COMPLETE ACCUSATION '111 

name of another, and hence that the obHgation of not inflict- 
ing such injury is potioris juris than the duty of making a com- 
plete confession, since this is founded on a positive law. 

It need not be imagined, however, that this opinion is the 
henignior, because it releases from the duty of making a perfect 
confession; considered closely the case takes on quite another 
aspect, for: — 

1. It requires the penitent to seek out another confessor to 
whom the accomplice is unknown even when this involves great 
trouble to the penitent, for as all will concede, the integrity of 
the confession must be preserved so far as it is possible, and only 
the damage and hardship to the penitent which makes the con- 
fession morally impossible excuse from making a complete con- 
fession. Hence this incommodum must be grave and much 
greater than that which in the other view allows the defamation 
of the accomplice. 

2. If, however, a man cannot confess to another confessor 
and is resolved to conceal the sin or its circumstances in order 
to save his neighbor's reputation, there arises a greater diffi- 
culty, the obHgation of confessing the same sin again; for in 
order to save his neighbor's good name a man may only conceal 
that circumstance which affects the reputation of his neighbor, 
and this is the unanimous teaching of all theologians; for ex- 
ample, if a man has committed incest, and has no other means 
of confessing it, he must mention in his first confession that he 
has fallen into a sin of impurity, passing over in silence the cir- 
cumstances which make it incest. He must, however, when 
opportunity is presented of going to another confessor, mention 
the circumstance of the incest, and this cannot be done without 
repeating his former accusation of having fallen into a sin against 
purity. 

3. It is also to be observed that if defamation of one's neighbor 
excuses from a complete confession, and if in consequence a 
particular sin may not be revealed (for such is the foundation of 



212 THE UECtPlENT OF PENANCE 

this opinion), the confessor is not allowed to put questions which 
may cause an indirect revelation of the accompHce, especially to 
ill-instructed penitents who would have no idea of how to parry 
the questions. Now if these questions are to be avoided by the 
confessor, he may not inquire into the occasions of sin, or he 
must leave to the judgment and discretion of the penitent how 
far the latter is bound to answer the questions put to him. The 
consequences, as any one may see, impHcate the direction of 
penitents in great difficulties, and on that account no one can 
admit either of these methods of action. 

Now the confessor, in order to be faithful to his important duty 
of withdrawing his penitents from the occasions of sin, and in 
order not to be deceived by a penitent who, left to his own judg- 
ment, will not reaUze the danger of the occasions, must question 
his penitent with perfect hberty and undeterred by the fear of ob- 
taining any knowledge of the accompHce in sin, if it is probable 
though not certain that such defamation of the accompHce is 
not a reason dispensing from the integrity of the confession. 
This opinion is certainly probable. 

The champions of this view are far from denying that the 
natural law forbids the injuring of another's good name, but, 
they niaintain, such injury is forbidden only when there are no 
reasonable grounds for inflicting it ; it must be proved that the 
precept of making a complete confession is a sufficient reason, 
since such defamation to a confessor is certainly not objectively 
grave. That this ground is a reasonable one is evident from 
many weighty considerations : — 

1. Good reasons have been already offered in the difficulties 
which are presented when perfect Hberty is not allowed in con- 
fessing or asking the circumstances and occasions of sins. 

2. Further examples may be easily imagined in which the 
defamation of another resulting from the penitent's confession 
is not to be considered ; for no one would dream, for example, 
of releasing a son from the obHgation of making a perfect con- 



BEASONS EXCUSING FROM COMPLETE ACCUSATION 213 

fession because it might be concluded from the gravity and 
nature of his sins that his parents had brought him up very 
badly ; nor would a rehgious be excused for fear his confessor 
should entertain the suspicion that his superiors were neglecting 
their duty towards him. For such defamation may well be 
considered as of httle moment, since the confessor is bound to 
the most stringent silence and can make absolutely no use of 
what he hears in confession. 

3. Moreover, the precept of making a complete confession is 
so severe that the penitent may never transgress it in order to 
safeguard his own good name, and is obliged to overcome the 
fear of losing it. But, according to the universal teaching, a 
man is justified in self-defense to do a lawful act even if thereby 
he injure the character of his neighbor if there is no other way 
of shielding his own or regaining it when lost ; hence it must be 
allowable to injure the reputation of another if the end in view 
is to make a perfect confession ; or the same cause (the integrity 
of the confession) which binds me to injure my own good name 
gives me the right of disregarding any infamy that may accrue 
to others in discharging this duty.^^^ 

4. Finally, since it was in early days the practice of confessing 
to one's parish priest, and he was generally acquainted with all 
his subjects, the precept of making a complete confession would 
have had no meaning if the other opinion were tenable in respect 
to sins which were difficult to confess. Is it possible that Christ 
should give a command which in practice turned out so nuga- 
tory ?^^« 

From what has been already said on this subject it follows 



115 Cf . Lugo, Disp. 16, 1. c. ; Tamburini, Meth. conf. 1. 2, c. 9, § 2. 

116 Thus Lehnikuhl, 1. c. n. 334 ss. ; cf. Aertiiys, 1. c. u. 196, Q. 10 ; Lugo, 
L c. Ballerini, however, 1. c. n. 499, Q. I, concludes thus in his notes : Ergo, 
seclusis aliis mcommodis, Integra manere videtur ohligatio circumstantiam 
illam tacendi quando ex ejusdeni confessione alterius infamia consequatur. 
Cf. Op. Theol. Mor. L c. {de CompUcis manifestat.) n. 439-450. 



214 THE RECIPIENT OF PENANCE 

that the confessor, if he thinks fit, is quite at hberty to put ques- 
tions on the circumstances or occasions of sin; moreover, that 
penitents ought not to be instructed to conceal circumstances 
which may injure the reputation of the accompHce with the 
confessor; they ought rather to be encouraged to make a com- 
plete confession to their regular confessor if they are unable to 
find another. 

If, however, some one acting upon the undoubted authority 
of theologians who teach the other view wishes to make his 
confession accordingly, he cannot be blamed if he has formed a 
dictamen conscientice, and he cannot be forced to renounce his 
opinion. 

Again, if a confessor remarks that a penitent is familiar with 
his theology and makes his accusation in accordance with the 
other opinion, and if he is satisfied that said penitent is capable 
of forming a judgment about his obligations, he may more easily 
omit certain questions and leave the penitent free to follow his 
own opinion. 

What has been said with respect to the accompHce's reputa- 
tion applies equally to those who have been in any way an occa- 
sion of sin to the penitent. There are cases in which the penitent 
cannot give the specific character of his sin without at the same 
time disclosing the sin of another which has been the object or 
occasion of his own sin. A man, for instance, discovers his un- 
married sister to be in confinement and maltreats her so that 
abortus follows ; he cannot explain the nature of his crime fully 
in the confessional without revealing his sister's sin and so de- 
stroying her reputation in the mind of the priest. Although 
some even of those who teach that the integrity of the confession 
may take precedence of the accomplice's character are unwilHng 
to grant it in this particular case, yet there is at least a proba- 
bility that the obUgation of integrity prevails in any case.^^' 

"■^ Cf . Lugo, Disp. 16, n. 420; Gury-Ballerini, 1. c. n. 502; Lehmkiihl 
1. c. n. 338. 



THE EXAMINATION OF CONSCIENCE 215 



Article III 

THE MEANS TO BE EMPLOYED IN ORDER TO MAKE A PERFECT 

CONFESSION 

28. The Examination of Conscience. 

Since the penitent is obliged to make a complete confession 
of his mortal sins, as far as lies in his power, there naturally 
devolves upon him the duty of examining his conscience. Re- 
garding the examination of conscience the following points are 
to be noted : — 

I. The penitent is bound under pain of mortal sin to prepare 
for confession by a serious and careful examination of con- 
science, and he must devote to this examination such diligence 
as a prudent man would ordinarily devote to any important 
business ; hence in order that the omission of mortal sins in the 
accusation may not be attributed to sinful neglect, diligentia 
mediocris, as it is called, or diligentia moralis is required, not 
such as would make the practice of confession hateful or unduly 
burdensome. 

The proof for this is supplied by the Council of Trent,^^^ and 
it is clear that if mortal sins are to be confessed they must be 
recalled to the mind. Theologians observe, however, that when a 
man has examined his conscience with moral diligence, but still 
believes that further examination would reveal more sins, he 
is not obliged to spend more time in examining his conscience; 
otherwise a penitent who had neglected confession for many 
years would have to examine his conscience for days and still 
fail to do his duty ; such a conclusion is obviously wrong."^ 

Sporer ^^^ even goes so far as to teach that a man who has 

118 Sess. XIV. cp. 5 et can. 7 (examen diligens). 

119 Lugo, 1. c. Disp. 16, nn. 590-594; cf. Laym. Lib. V. Tr. 6, 8. 

120 L. c. n. 366. 



216 THE RECIPIENT OF PENANCE 

used moral diligence in examining his conscience and has made 
his confession, and afterwards cannot recall whether he men- 
tioned or not some particular sin, is not bound to confess it, 
because the presumption is that he has confessed it along with the 
other sins. If, however, he have strong misgivings on other 
grounds and cannot settle his doubt as to whether he has con- 
fessed the sin or not, he is always obliged to mention that sin, 
if there is no doubt of its having been committed, in the next 
confession. 

II. The care which ought to be employed in this examination 
is not the same for all classes of penitents; it varies according 
to the circumstances of the penitents: more especially accord- 
ing to — (1) the state of conscience and the habitual purity of 
life ; (2) the time elapsed since the last valid confession ; (3) the 
education, the knowledge (in religious matters especially), the 
intelligence of the penitent ; (4) the state of health.^^^ 

1. One who seldom falls into mortal sin may satisfy himself 
with a less strict examination of conscience, especially if he be 
in the habit of making a daily examination of conscience; for 
if a penitent of this kind falls into mortal sin, he will immedi- 
ately recall it; and one who is morally certain that he has not 
sinned mortally is, strictly speaking, not bound to any examina- 
tion of conscience, but he must be careful to offer sufficient 
matter for confession. Though this is quite correct in theory, 
in practice the penitent is strongly advised to make a careful 
examination of conscience in order to rid himself of his smaller 
faults and to reap greater fruit from the Sacrament. 

2. The longer the period over which the examination is to ex- 
tend the more time and care must be expended in this prepa- 
ration, but it is not to be laid down as a principle that a man 
who has not confessed for a year is bound to be twelve times 
as long in his preparation as the man whose last confession was 
a month before. 

121 Mazzotta, 1. c. Disput. I. Q. II. cp. I. 



THE EXAMINATION OF CONSCIENCE 217 

3. Less instructed or quite uneducated people are not obliged 
to so careful and searching an examination as the better in- 
structed ; they are quite incapable of examining their conscience, 
ad impossihilia nemo tenetur. If an educated penitent comes to 
the Sacrament unprepared, the confessor should with all proper 
consideration send him away again to prepare himself by a care- 
ful examination of conscience, unless there should be solid 
grounds for supposing such a step inopportune; but only grave 
reasons justify such toleration, for, though the sins committed 
might be ascertained by questions, there is no moral certainty 
that such a confession is a perfect one. A penitent who has 
not been to confession for a long time and is leading a worldly 
life cannot without preparation answer at once and correctly 
w^hether he has committed such or such sins. If the penitent is 
uneducated, or, although educated, yet ignorant in religion, and 
has taken absolutely no pains to acquire a knowledge of his sins, 
he must be treated in the same way; if, however, he has taken 
some pains in the matter, the confessor may supply the defect 
by questions; for an uneducated man left to himself will, even 
after a long examination of conscience, never succeed so well 
as when guided by the prudent questioning of an experienced 
and skillful confessor who will do the work in a much shorter 
time. If, then, the confessor sees that he can procure by ques- 
tioning a perfect confession such as the penitent left to his own 
resources could hardly make after long examination, he should 
help him, all the more if there is reason to fear that the peni- 
tent would be frightened by the postponement of his confession, 
and might be deterred from confession, at least for a time, by 
the difficulties attending a careful examination of conscience. 
This method, the result of great experience, is confirmed by the 
Catechismus Romanus : ^^^ " If a priest remarks that such peni- 
tents are quite unprepared, he should dismiss them with very 

122 Part II. cp. 5, n. 60. 



218 THE RECIPIENT OF PENANCE 

gentle words and advise them to come again after spending some 
time in thinking over their sins. If they maintain that they 
have already exercised all diligence in examining their con- 
science, he should hear them, since there is reason to fear that 
if sent away they might not retm-n, and he may with more rea- 
son hear their confessions if they show any signs of wishing to 
reform their life; then they may be urged to accuse themselves 
of their carelessness and promise for the future to make up for 
their faults by a careful examination." 

Renter ^^^ observes on this subject: '^ Besides, experience 
teaches, as is well remarked by Vasquez and Lugo, that a pru- 
dent confessor can accomplish more with most penitents and 
uneducated people by a few questions than they can themselves 
after a long examination. Hence such penitents when they give 
any signs of fervor ought not to be easily dismissed in order to 
examine themselves again, even when defects are noticed." 
Sporer ^^^ writes : '^ Uneducated and inexperienced penitents are 
unable to make such an exact examination as the more edu- 
cated; hence they should be helped by the confessor." Seg- 
neri,^^^ too, warns the priest not to send away ignorant penitents 
to make a fresh examination of conscience, unless for the most 
urgent reasons, since, on the one hand, they may be frightened 
away and never come to confession again, and, on the other 
hand, the confessor himself can easily supply for their deficiency 
by his zeal. 

Although a penitent knows that he will be questioned by his 
confessor, he is none the less bound to examine his conscience, 
since otherwise he would be exposed to the danger of giving 
wrong and insufficient answers or of omitting a great deal; he 
may, however, permit himself a little less care, especially with 
regard to the sins common to people in his state of life.^^^ 

123 L. c. n. 311. 

124 Theol. Sacram. Tom. III. De Poenit. n. 365. 

125 Instructio Poenit. cp. II. i26 Mazzotta, 1. c. ; cf. Suarez, Disp. 22. 



THE EXAMINATION OF CONSCIENCE 219 

No one is bound to write his sins even if he should be afraid 
of forgetting them; nor, if sin has been committed with an- 
other, is there any obHgation to consult with the accomplice in 
sin to determine the number of sins ; so, too, one who has missed 
Mass the whole year is not bound to count up the feasts in the 
calendar, for this would be diligentia extraordinaria such as the 
Council of Trent does not demand/^^ 

4. Those who are prostrated by illness and through weakness 
or pain cannot review their past life are not obliged to make an 
exact examination of conscience; indeed the confessor should 
only put to them a few questions according to their condition. 
If, however, they regain their health, they must supply what 
was wanting in their accusation; if, after receiving absolution, 
other mortal sins occur to their mind, they should confess them 
and get absolution. In general the sick are not required to 
make so careful an examination as others; hence the priest 
should not yield when they wish to put off confession from one 
day to another on the plea of examining their conscience better; 
usually this is only a pretext for putting off the confession, and 
does not arise from anxiety or eagerness to prepare well, but 
from fear; such persons must be prepared by the priest himself 
for absolution and the other Sacraments/^^ 

III. A penitent who is guilty of gross neglect in the examina- 
tion of conscience makes per se an invalid and sacrilegious con- 
fession; he must, of course, be sufficiently conscious of such 
neglect in order to incur this sin. The malice of the offense 
consists in the risk of omitting some mortal sin, and so, though 
none may have been actually left out, the penitent has sinned 
gravely by consciously exposing himself to the danger. 

IV. In order to make a good examination of conscience the 
penitent should adopt some system; the simplest and easiest 
method is to go through the commandments of God and of the 

127 Mazzotta 1. c; Aertnys, 1. c. De Poenit. cp. III. § 2, n. 186. 

128 Aertnys, 1. c. De Poenit. cp. III. art. III. § 2, n. 186. 



220 THE BECIPIENT OF PENANCE 

Church, the various kinds of sins (especially the Seven Capital 
Sins), and the nine ways of participating in sin; it is also recom- 
mended to call to mind particular hours and days. Theologians 
give many other methods besides for this examination. Renter 
recommends the penitent to recall where he was each day, what 
was done, and what sins were committed by thoughts, wishes, 
and desires, words, and works ; how he has conducted himself at 
home, in church, with his neighbors; the author considers that 
by this means repetition will be avoided. To examine the con- 
science according to this method would be to exercise not only 
diligentia sufflciens but magna omnino diligentia}^^ Sporer, approv- 
ing the method recommended by Gobat, offers a compendious 
system for penitents who lead a fairly uniform existence and for 
whom the examination of conscience extends over a longer time, 
some months or half a year. The penitent should consider 
three periods : (1) an ordinary working-day ; (2) a Sunday; (3) an 
exceptional day in which he has traveled, done some particular 
business, been present at a wedding or a dinner, etc.^^^ One who 
has only to examine a short interval raay call to mind how he 
has sinned against God, his neighbor, and himself, by thoughts, 
words, and deeds. 

V. The following directions are given by approved moralists 
to determine whether any carelessness in the examination of 
conscience is a mortal or venial sin and whether in consequence 
the confession has been valid or not. 

1. Those may rest in perfect security who, being neither too 
strict nor too lax, experience no misgiving or anxiety on the care 
which they have devoted to the examination of their conscience. 

2. If a man doubts whether he has been guilty of more or 
less carelessness and discovers after confession that he has 
omitted more sins than he has confessed, he must acknowledge 

129 Lehmkuhl, 1. c. n. 844. 

1^® Cf. Stotz, Tribunal Poenitentice, Lib. I. P. I. Q. I. art. 9, Praxis examinis 
pro Confessione, and Lib. I. P. III. Q. III. art. 1 ss. Syllabus peccatorum. 



THE EXAMINATION OF CONSCIENCE 221 

himself guilty of gravely sinful neglect; if, however, he has con- 
fessed more sins than he has omitted, it may be assumed that 
he has not been guilty of great carelessness. 

3. If a penitent's last confession was made one or two weeks 
before and he accuses himself of mortal sins, giving the number 
of times in quite a vague and doubtful fashion, e.g., I have com- 
mitted sins against holy purity three or four times, there is a 
strong suspicion that he has been gravely careless in the exami- 
nation of his conscience/^^ 

It should be noticed that if a penitent, from experience of 
his own weakness, is afraid that by a prolonged examination of 
his sins he will again consent to them, he may confine himself 
to a rapid glance at them, though he knows that for want of 
further examination many will be omitted, since in any case the 
risk of committing sin must be avoided. A confessor must ob- 
serve the same guardedness in putting questions on sins against 
the angelic virtue, as we shall see later. 

If the penitent is troubled with scruples, it is better for him 
not to go so thoroughly into his examination of conscience, 
otherwise confession would become too burdensome, and experi- 
ence shows that such penitents become only more confused, the 
more they examine themselves ; indeed they should be forbidden 
any long and anxious attention to themselves. 

Let the confessor impress upon worrying souls that the great 
thing for them is to have the wish to confess all, that God 
recognizes the good will, and that this is shown by praying for 
grace to make a good examination of conscience, and that even 
if a sin be forgotten without any fault it is remitted, and that 
the time between confession and communion should not be 
occupied with the recalling of one's past sins, but that the mind 
should be fixed on the future.^^^ 

131 Mazzotta, 1. c. Disp. I. Q. II. cp. I (Lacroix) ; Renter, Theol. Mor. P. 
IV. n. 311 ; Sporer, 1. c. ii. 367. 

132 Compare Renninger-Gopfert, Pastoraltheologie, I Bd. I Tl. § 66. 



222 THE BECIPmNT OF PENANCE 

29. Invalid Confessions. 

Confessions may be either invalid or merely defective. If 
only defective but not invalid, the defect should be supplied, 
but there is no need to repeat the confession; if, however, they 
are invalid, they must be repeated. This repetition need not 
always be made in the same manner. 

A confession may be invalid through the fault of the penitent 
or through that of the confessor. 

A confession may be invalid through the penitent's fault : — 

1. By, a gravely sinful defect in the examination of con- 
science. 

2. By culpable and deliberate concealment of anything which 
ought to be confessed, or by a gravely sinful lie in confession. 

3. By the want of contrition and purpose of amendment; 
and this defect is to be found among recidivi as well as those 
who refuse restitution or reconciliation with their enemies. 

4. By want of good will to carry out the penance imposed, 
and to undertake other duties which bind under pain of griev- 
ous sin, if the good will is wanting at the time of receiving abso- 
lution. 

5. By ignorance of those truths which must be known neces- 
sitate medii in order to gain salvation. 

6. By receiving absolution while still under a sentence of 
excommunication. Among the principal effects of such a sen- 
tence must be counted privatio sacramentorum, so that any one 
receiving the Sacraments in this condition incurs a mortal sin 
by breaking the law of the Church. One may be saved, how- 
ever, from grievous sin in this matter by inculpable ignorance, 
fear of death or mutilation, great disgrace or serious loss of for- 
tune, etc., as well as by the necessity of obeying the law of 
yearly confession and communion when there is no priest with 
faculties for absolving from censures, for the law of the Church 
is not so severe as to bind its subjects to suffer grievous damage. 



INVALID CONFESSIONS 223 

It is illicit and even sacrilegious for an excommunicated 
person to receive the Sacraments, though the reception is valid 
except in the case of the Sacrament of Penance. But when 
the excommunicated person is in good faith and thinks he may 
receive absolution, such absolution is valid, it being presumed 
of course that he goes to confession with the necessary dis- 
positions. Such a case might occur when, through invincible 
ignorance or forgetfulness, he omits to mention the censure of 
excommunication, or when the priest does not know of it or 
forgets for the moment that such a censure is attached to cer- 
tain sins, or, again, even where the priest knowingly absolves 
the penitent, though unprovided with faculties for the case, 
because the penitent is in one of the cases of necessity men- 
tioned above and the priest feels it his duty to give absolution, 
or even if ex malitia he absolves a penitent who believes him 
to have faculties. ^^^ 

On the part of the confessor the confession may be made in- 
valid if he has not the necessary jurisdiction or intention, or if 
he omits something essential in the formula of absolution, or if 
through deafness or inattention or the indistinctness of the 
penitent's utterance he has not understood any sin. If, how- 
ever, through no fault of the penitent the priest missed some 
sins, even mortal sins, the confession would, according to the 
probable opinion, be valid if he heard part of the accusation; 
those sins, however, which had not been understood ought to 
be repeated. If in the course of confession the penitent ob- 
serves that the confessor does not understand because he is 
asleep or distracted, the penitent must repeat what the priest 
has failed to hear ; if, in spite of this, the penitent were to con- 
tinue the confession (mala fide), it would be sinful and invalid 
and ought to be repeated. If at the end of the confession the 
penitent sees that the confessor has been sleepy or distracted 

133 Cf. Gury-Ballermi, TT. De Censuris, n. 960, Not. 1-4, also n. 430, Q. 7; 
S. Alph. Lib. VI. 11. 430. in fine; Aertnys, 1. c. De Censuris, n. 39. 



224 THE RECIPIENT OF PENANCE 

and so has missed some of the sins, though he does not know 
which have been missed, he must begin again unless the ac- 
cusation has been a long one, in which case it is enough if the 
penitent repeat what he thinks the confessor may have missed, 
for it may be presumed that Christ never intended to prescribe 
perfect confession when attended with such inconvenience/^* 

With respect to repeating confessions the following principles 
are accepted : — 

I. If a confession is invalid, the sins mentioned in it must be 
repeated; otherwise, the ensuing confession is invalid, for those 
sins were never remitted by the power of the keys, and in con- 
sequence they must be again submitted to the tribunal. 

II. The duty of repeating a confession urges as soon as there 
is a moral certainty that said confession was null; if, how- 
ever, the confession has certainly been made and there is doubt 
only as to its validity, the presumption is in favor of its validity. 
It is, however, advisable to repeat a doubtfully valid confession. 

There is no difficulty where the penitent has willfully con- 
cealed or never intended to give up a mortal sin or never 
avoided a voluntary occasion of sin, and in other such cases, 
for the confession was unquestionably invalid and sacrilegious. 
It is more difficult, however, to determine at times on the 
validity of a confession when the penitent has frequently re- 
lapsed without being voluntarily and continually in the occasion 
of sin. If a penitent shortly after confession falls frequentl}^ 
into sin on the first occasion that offers, without making any 
resistance, the presumption is that the confession was deficient 
in the required contrition and purpose of amendment, and that 
in consequence it was invalid. If, however, after confession 
he usually makes some effort, the nullity of the confession is 
not certain, and the confessor may not force him to repeat the 
confession, but he will do well to counsel him to do so when his 

134 S. Alph. Lib. VI. nil. 498, 409 ; Lugo, Disp. 16, n. 607; Suarez, Disp. 
28, s. 2, n. 12 (sententia com munis). 



INVALID CONFESSIONS 225 

dispositions improve and he is earnest in his contrition and in 
his efforts to make a permanent reform.^^^ 

III. InvaUd confessions must be repeated in their entirety 
when new confession is made to another priest who has no knowl- 
edge of the sins contained in the preceding invahd confessions, 
for this knowledge is necessary in order to pronounce judgment; 
hence it is not enough for a penitent to accuse himself merely 
of having made one or more invalid confessions. 

IV. If the confession is made to a priest who has heard the 
invalid confessions, and in consequence has already passed sen- 
tence on the individual sins and has at least a knowledge in 
confuso of the penitent's state, it is sufficient to summarize the 
accusation of previously confessed sins in the form, '^I accuse 
myself of the sins already mentioned in . . . confession," men- 
tioning if the previous confessions were invalid through want 
of integrity, and supplying this want by a distinct and separate 
accusation of the sin or sins omitted. ^^^ The previous confes- 
sions were sacramental, since they were made with a view to 
obtain absolution, though deprived of their sacramental efficacy 
through the fault of the penitent ; hence a general repetition of 
them in connection with the knowledge which the confessor had 
of the individual sins may be considered as sufficient to form 
a judgment. If a penitent wishes to make a general confession, 
the distinction between the usual confessor and any other is 
not of so great moment, except where the confessor or the peni- 
tent is intent upon the minimum necessarium ; the usual confessor 
of the penitent may, however, be satisfied with less care, since 
he knows already the previous sins of his penitent. In this 
case, however, he must have notitiam saltem confusam status 
poenitentis; for this it is not necessary that he should be able to 

125 Cf. §§ 63, 64, where the recidivi are treated of, and Lehmkuhl, 1. c. Sacr. 
Poenit. Sect. 11. cp. II. Confessio, art. III. § 2, n. 847. 

136 S. Alph. 1. c: n. 502 ; H. A. n. 44; Lacroix, 1. c. n. 216 ; Lngo. Di-p. 16, 
n. 638 ; Elbel, n. 253, etc. 



226 THE RECIPIENT OF PENANCE 

recall the number and circumstances of the sins in question : a 
remembrance of the different species and their number in gen- 
eral suffices. 

The confessor will have acquired this notitia confusa from 
previous confessions and from the questions which he puts to 
the penitent. Such knowledge is sufficient in so far as it is 
connected with a knowledge of previous sins, and that will be 
the case where the general confession is made to the same priest. 

If, however, the priest can only vaguely call to mind his past 
treatment of the penitent, he should put some questions to him 
in order to form an idea of the state of his conscience; but he 
may absolve without this precaution, if from the penances which 
he has been in the habit of giving to his penitent he can form 
a judgment as to the state of his soul.^" 

The same plan may be adopted^ in the case in which a man 
after making his confession is sent away without absolution, 
and afterwards returns to receive it, the confessor in the mean- 
time retaining no recollection of the sins. ■ Undoubtedly in such 
a case a notitia confusa is sufficient, and on the strength of it ab- 
solution may be given. Nay, more : if the penitent's absolution 
had been delayed for some reason not connected with want of 
necessary dispositions, the confessor might be satisfied with the 
remembrance that the penitent was in right dispositions for 
absolution and had received a penance in proportion to the sin. 
Of course it is always understood that no fresh mortal sin has 
been committed in the interval between the confessions; other- 
wise it must be confessed and a new act of sorrow and resolution 
of amendment must be made.^^^ 

On the same principles we may answer the question already 
discussed as to whether a man who recounts his sins {mere his- 
torice) to a priest (qua amico) — to obtain advice, for instance 

13'^ Cf. S. Alph. 1. c. n. 502, dub. 2 ; also Siiarez, Lugo, Vasquez, Laymann, 
and other theologians. 

13S Suarez, Disp. 22, Sect. 6, and Lugo, Disp. 16, Sect. 15, n. 636. 



INVALID CONFESSIONS 22T 

— is bound to retail them explicitly if in consequence of the 
priest's advice he desires to receive absolution; or the question 
might be put thus : What knowledge or recollection of the sins 
must the priest have so that on the strength of a perfunctory 
accusation couched in general terms he may give absolution? 
Many theologians, among them Lacroix and St. Alphonsus, 
require a distincta memoria of all the sins, because the preceding 
confession was not made to the priest as a judge in the Sacra- 
ment, and so cannot be a sacramental confession; but a sac- 
ramental confession is made only when the confessor has a 
distincta memoria of the sins narrated at the time when the sum- 
mary of the accusation is made ; if the priest remembers them 
only in confuso or ex parte, the penitent must once more make a 
distinct accusation of his sins in or dine ad ahsolutionem. The 
opposite view is taught by Lugo, who maintains that it is com- 
munis, for almost all theologians teach that the memoria confusa 
is sufficient whatever may have caused the defect in the previous 
confession. He grants that the mere narration of the sins is in 
no way sacramental, that no judicial accusation has been made, 
that it is merely a friendly confidence ; this previous, though not 
sacramental, narration which still remains memoria non omnino 
distincta, may become in a certain manner sacramental by the 
ensuing {summarized) accusation, sufficient for the purposes of 
the Sacrament; not because the previous narration was sac- 
ramental in itself, for it was not so, but in so far as the later 
accusation, joined with the recollection which the confessor has 
of the sins previously mentioned, supplies the priest with the 
knowledge necessary for the Sacrament. ^^^ Thus Lugo combats 
successfully the objections and reasons of his opponents. 

Still in Lugo's proof and that of his supporters the difficulty 
must not be overlooked that the narration has no sort of relation 

139 Lugo, 1. c. Disp. 16, nn. 637, 638. Cf. Suarez, De Poenit. Disp. 22, 
Sect. 6, n. 5 ; Coninck, Disp. 4, n. 45; Illsung, De Poenit. Disp. 6, n. 152, 
etc. 



228 THE RECIPIENT OF PENANCE 

to the Sacrament of Penance, either in the mind of the narrator 
or that of the priest, and that in consequence the reasons brought 
forward in the case above mentioned are not quite convincing. 
Aertnys consents to Lugo's decision — that is, he considers the 
repetition of the accusation as unnecessary only when the con- 
fessor at the time when the summary of the sins is made has 
a distincta memoria eorum, since the general accusation of the 
penitent along with the notitia distincta of the confessor is 
equivalent to a distincta confessio}^^ And Lehmkuhl regards 
Lugo's view as quite probable only when the priest is enter- 
taining hopes as he listens to the narration of getting the man 
to make a sacramental confession, though such a thought may 
be very far from the man's mind at the time. The accusation 
of the penitent may not be intentionally sacramental, while the 
attention of the priest has already begun to assume a judicial 
and sacramental form and is inchoative, at least, a distinctly 
judicial investigation such as w^ould seem sufficient when the 
penitent on his part gives his consent to carry out the distinct 
judicial act. If, however, the penitent in the course of his 
narration never hinted at the idea of a sacramental accusation 
and the priest never adverted to it, the teaching of St. Alphon- 
sus would seem to prevail, for in such a case a distincta notitia 
judicialis never existed, unless a distincta memoria were retained 
by the priest; but the sacramental sentence which has to be 
pronounced over every mortal sin is based solely on a judicial 
knowledge of them.^^^ 

30. General Confession. 

The repetition of former confessions, whether of all the con- 
fessions of a lifetime or of those last made, is called a general 
confession. It is necessary for many penitents, useful to others; 
to a few only it may be said to be harmful. 

"0 Aertnys, 1. c. art. III. Confessio, § 4, n. 203, Q. 2. 
141 Lehmikuhl, 1. c. n. 348. 



GENERAL CONFESSION 229 

1. General confession is necessary for all who have made in- 
vaUd confessions. St. Alphonsus remarks on this subject that 
it is a frequent experience in missions that bad confessions have 
to be set right ; hence he advises missioners that since the good 
of missions consists mainly in setting right bad confessions, 
they should in all their discourses be urgent in explaining the 
heinousness of sacrilege and how many souls are lost by conceal- 
ing mortal sins in confession. Experience teaches that many 
people are overcome by false shame so as to conceal their sins 
even in the confessions which they make to the fathers giving 
the mission. If at so solemn a time as a mission such people 
fail to set right their bad confessions, what hope is there of their 
salvation ? If in the confession which they make to the missioner 
they cannot overcome their shame, how will they do it when 
they confess to the local priest? There is indeed good reason 
for ever and again insisting on the general confession."^ Hence 
it is very desirable that the local priests at the time of a mission 
should refrain from hearing confessions, and surrender their con- 
fessionals to the fathers who give the mission (or to some strange 
priests called in for the special work of hearing the confessions), 
for some of the faithful, if they see their usual confessor in attend- 
ance, may be deterred from going to a strange priest and con- 
tinue to make sacrilegious confessions. It not unfrequently 
happens that people whom we would never suspect have most 
need of freedom in this respect."^ 

It frequently happens that a confessor thinks a general con- 
fession necessary when the penitent is not at all convinced of 
its necessity. ^Vhether the penitent is to be advised in such a 

142 Silva, part 3, cp. 6. 

143 Cf. S. Alph. 1. c. cp. 9. If the confessor is morally certain that the 
former confessions were bad, he must unquestionably insist on their repe- 
tition ; if he has only doubts, he cannot impose on the penitent an absolute 
obligation. In dubio standum est pro valore actus. Cf . S. Alph. Prax. Conf. 
n. 20; Segneri, Tnstr. poen. cp. 15; Carol. Borom. Act. Med. p. 877; Ben- 
ger, Pastoraltheologie, Bd. II. § 70, S. 470, 2. Auflage. 



230 THE BECIPIENT OF PENANCE 

case to make a general confession will be determined by the rules 
which are given as to the duty of instructing the penitent or 
leaving him to himself (§ 55) ; for if the penitent suspects noth- 
ing of the nullity of his previous confessions, the confession 
which he now makes in good faith and proper dispositions is 
vaHd, and by virtue of it the sins mentioned in former invahd 
confessions are indirectly remitted and need only be repeated 
when the conscience awakes to the fact. Moreover, a prudent 
confessor, if he fails to persuade a penitent of the necessity of 
a general confession, may succeed by a few questions in making 
the confession practically a general one. Indeed, unless the 
penitent takes it in bad part the priest may by a little adroitness 
ehcit a general confession; then he must, before giving abso- 
lution, let the penitent know that he has made a general confes- 
sion. The case may also occur where the penitent has made 
one or more sacrilegious confessions and, quite forgetful of this 
circumstance, has begun to make vahd confessions without ever 
setting right the bad ones; this not unfrequently happens to 
children. In this case the general confession need only extend 
over the sacrilegious confessions. ^^^ 

2. Of the great usefulness of general confession, popes, saintly 
bishops, founders of orders, and the great doctors of the Church 
all speak in most unmistakable terms. The learned Benedict 
XIV, in his instructions on the preparation of the faithful for 
a fruitful celebration of the Jubilee, directs priests who give the 
missions to impress on the people again and again the great 
profit of general confession. They are to urge them to penance, 
and to instruct them how to receive the Sacrament vaHdly and 
profitably; they are to proclaim that it is absolutely necessary 
to repeat former bad confessions, and they should take all pos- 
sible pains to excite to a general confession even those who do 
not feel any necessity for repeating their sins again. ^^For if 

1** S. Alph. Praxis Confess, n. 22 ; cf. Aertnys, Theol. Pastor, complectens 
Practicam Institut. Confessarii, P. III. cp. VIII. art. II. n. 245. 



GENERAL CONFESSION 231 

it is not necessary to mention again our former sins, we regard 
such repetition as very profitable on account of the confusion 
connected with such avowal, which is an important part of pen- 
ance, as our predecessor, Benedict XI, teaches in this Decretal 
Inter Cunctas.^^ He also appeals to St. Charles Borromeo, who 
in his Monita ad Confessarios proclaims the usefulness of general 
confession and recommends it. '^Confessors," says the saint, 
''ought, with due regard to persons, times, and places, urge their 
penitents to make a general confession, that thus by a thorough 
examination of their lives they may turn to God with greater 
peace of mind and repair all faults which have been committed 
in former confessions." As another witness for the usefulness 
of this practice, Benedict XIV adduces St. Francis of Sales 
who, in many places in his works, insists strongly on the prac- 
tice. Thus he writes to a widow concerning her father : The 
counsels which I give him I reduce to two points : the first one 
is that he should institute a careful examination of his whole 
life with a view to making a general confession and performing 
a corresponding penance, — this is a means which no sensible 
man will despise in presence of death; the other is that he 
should continually endeavor to wean his mind from the vanities 
of the world.^^^ Benedict then refers to the rules which St. Vin- 
cent de Paul gave to his mission-priests, in which he exhorts 
them to encourage general confessions. In the life of the holy 
founder it is recorded what great fruits were reaped from the 
general confessions which were made during the missions held 
by those priests.^^^ 

The advantages of general confession are thus briefly enumer- 
ated by St. Ignatius in his Book of the Exercises : (1) We gain 
greater fruit and merit on account of the deeper contrition with 
which we approach the Sacrament; (2) we are better able to 
reahze the malice of sins committed ; (3) we are in better dispo- 

145 S. Franc. Sal. Oper. Ed. Paris 1669. To:n L p. 914, n. 6. 

146 Benedict XIV. Const. Apostolica, 26 Jun. 1749, nn. 16, 17. 



232 THE BECiPiEjyr of penance 

sitions for receiving holy communion, and we are more dis- 
posed to shun sin. Moreover, the Directorium of the Exercises, 
a work composed by a member of the Society of Jesus and edited 
by the General Claudius Aquaviva, adds the following observa- 
tion : If the general confession offered no other advantage, the 
following fact would sufficiently recommend it; experience 
proves that men for the most part go to confession either with- 
out proper examination, or without the required contrition, or 
with but a weak purpose of amendment ; the general confession 
comes in most opportunely to give peace of mind, to remove 
scruples, which sooner or later, or at least at the hour of death, 
come to torture the soul and expose it to the danger of losing 
eternal salvation. 

Segneri also very earnestly recommends general confession. 
It is a very safe and useful plan to examine one's fife thoroughly 
at least once, and to set it right by a general confession, and to 
keep up the practice at fixed intervals of a year, or even oftener, 
of making a general confession beginning from the last. The 
advantage of this practice is that, seeing all our faults and sins 
at a glance, we are filled with greater confusion and sorrow and are 
impelled to be more humble; besides the fear of God's justice 
will grow in us when we see our sins, past and present^ hanging 
like a great mountain over us, so that we are compelled to cry 
out with Esdras — ''Our sins are grown up even -unto heaven." 
(Esdr. ix. 6.) And who does not see how difficult it is without 
such a confession to obtain that most priceless of blessings, 
peace of mind, at least if the frequent relapses into sin are due 
to a want of preparation? Oh, how many confessions are 
thought to be valid and are not so in reality ! ^^^ 

Finally, the words of St. Alphonsus deserve a place here: 
''I advise every one who has not yet done so to confess all the 
sins which he has ever committed in his life, and I advise not 

^^■^ Instruct. pcEnit. cp. 16. 



GENERAL CONFESSION 233 

only those who have made sacrilegious confessions by conceal- 
ing mortal sins, or whose confessions have been invahd through 
want of previous examination of conscience or of true contri- 
tion, but those also who are anxious to begin a new life ; for this 
purpose a general confession is very useful." ^^^ 

Hence, general confession is useful : (1) for adults who have 
not already made one ; (2) especially for such as have reason- 
able misgivings about the vahdity of past confessions; (3) for 
those who wish to start a new and better Hfe ; (4) before enter- 
ing on a new state of life, hence before marriage, before receiving 
Orders or making the profession in a rehgious community ; (5) at 
the time of a jubilee or mission, or of the spiritual exercises, for 
these are special occasions of grace and penance; (6) for persons 
who are in danger of death, while their strength permits, and 
for those who have to expose their lives to any danger. 

Those who have once made a good general confession, espe- 
cially if they are of mature age, may set their minds at ease on 
that portion of their existence, and such people should not be 
easily allowed to repeat their general confession unless for very 
weighty and exceptional reasons. These frequent repetitions do 
more harm than good. The desire of repeating the general con- 
fession is usually a sign of a certain want of trust in God and of 
scrupulosity. If a penitent of this kind, after his general con- 
fession, is uneasy about some important point in his former life, 
because he thinks he has not confessed something or failed to 
confess it properly, he may be allowed to mention it in one of 
his ordinary confessions. 

A repetition of the confession of his whole life may be allowed 
to a penitent who is free from scruples and is full of zeal to enter 
on a perfect life. On the other hand, it is well to advise and even 
to urge as a very useful means the practice of general confession 
at fixed intervals, say of a year, or a half year, or when the ocea- 
ns Instit. catech. P. II. cp. 5, n. 11. 



234 THE RECIPIENT OF PENANCE 

sions mentioned above afford an opportunity. If the confessor 
has to deal with a penitent who has already once or oftener made 
a general confession, he should ask when the last confession was 
made and why the penitent is anxious to make it again. The 
answer will suggest the course to be pursued by the confessor : 

(a) If the penitent can give no definite reason, but speaks of a 
general feeling of unrest, the confessor may ask what the cause 
of this unrest is, and whether in the preceding general confes- 
sion the penitent has honestly said all he knew and as he knew it, 
whether he answered the questions put by the priest in all truth, 
whether he was sorry for his sins, and whether there was a real 
improvement in his way of living, or, on the other hand, whether 
he fell again into sin, and when. If a defect is discovered in 
the preceding general confession it must be repeated ; otherwise 
the penitent must be shown how groundless his fears are and en- 
couraged to trust in God. The repetition of the general confession 
must be strictly forbidden, especiahy in the case of those troubled 
with scruples. At the most, the accusation of one or other sin 
which gives most uneasiness may be permitted, and the penitent 
must be engaged to think no more about the matter, but only 
to make acts of sorrow when these sins occur to his mind. 

(b) If, however, the penitent wishes to make a general confes- 
sion because the last one was made a long time ago, and many 
mortal sins have been committed in the interval, he should be 
permitted to make it. The period which has been already com- 
prised in a general confession may be treated with less detail, 
or quite omitted. A short repetition is, however, as a rule, rec- 
ommended since the earlier life of the penitent throws light on 
his present condition, and he is always more content if the con- 
fessor has, at least, some general perception of the former state 
of his soul, (c) If the penitent wishes to make a general confes- 
sion for ascetic reasons, e.g. for the sake of humility, of greater 
purity of heart, etc., the question is to be settled as follows : If 
the penitent is a stranger, he must be referred to his usual con- 



GENERAL CONFESSION 235 

lessor ; if he has none, he must be recommended to choose one. 
If the penitent asks the confessor to undertake his direction, 
and on the strength of this to receive his general confession, the 
request is not to be granted at once. A simple confession may 
be made so that the priest may decide whether a general confes- 
sion be necessary to gain the knowledge required for guiding 
the penitent, or at least useful, or on the contrary harmful where 
there exists a tendency to scruple. With one's ordinary peni- 
tents, this procedure is not required in order to find out whether 
a general confession is or is not advantageous; the ascetical 
object may be obtained by mentioning some of the more humili- 
ating sins or by well-prepared annual general confessions. 

In the special case of penitents who have been living in im- 
purity the confessor should allow them only one general confes- 
sion on that period of their lives lest by reflecting on those sins 
in their examination of conscience sinful promptings should 
arise in their imagination, the conscience thus incurring fresh 
stains where the object was to purify it; after one perfect con- 
fession of these sins the penitent should not be allowed, or rather 
he should be forbidden, to make any further accusation of them ; 
a general accusation may, however, be made in subsequent 
confessions in these or other words of similar form: "I accuse 
myself of all sins committed against the sixth commandment." 
Moreover, it is not recommended to advise such penitents to 
make a general confession till they have combated that vice 
with success, unless some other pressing need exist for making 
a general confession.^^^ 

On .the other hand, the confessor should not omit to advise 
those who are dangerously ill to make a general confession, or 
at least a summary of one; he may do this by asking whether 
anything in their past life gives uneasiness, whether they have 
always made good confessions and made good acts of contrition, 

i''9 Cf. Renter, Neo-confessarira, P. III. cp. 2, n. 191 ; Muller, Theol. 
moral. Lib. III. T. II. § 124. 



236 THE RECIPIENT OF PENANCE 

whether they have been Uving in proximate occasions of sin, 
etc.; he will thus have many opportunities of righting at the 
last moment sacrilegious confessions and communions and res- 
cuing souls from hell. 

Since general confession is so .profitable, the confessor may, 
according to the advice of St. Alphonsus,^^*^ with the exception 
of the above case, receive penitents who wish to make a general 
confession of their whole life or of part of it and that at once if 
they are prepared; he should be most willing to help them in 
it unless some obstacle, as, for instance, the number of penitents 
still waiting, or shortness of time, should prevent him from 
devoting more time to one penitent. He will sometimes find 
that a general confession which seemed to be only useful turns 
out to have been necessary. On the other hand, the confessor 
should refrain from forcing on a penitent a general confession 
which is not dictated by necessity.^^^ 

3. General confession is harmful to scrupulous and even to 
overanxious people; to such it brings not peace of mind but 
only more scruples ; hence they should be dissuaded from mak- 
ing a general confession; it can only be allowed when there is 
complete certainty of the invalidity of past confessions. '^ Scru- 
pulous penitents," says St. Alphonsus, ^' would go on making 
and repeating general confessions forever in the hope of laying 
aside their anxiety, but the evil only grows, for after every 
general confession they fall again into new anxieties and scruples, 
thinking they have omitted some sin or failed to confess it prop- 
erly, so that their uneasiness increases the oftener they repeat 
their confessions." ^^^ The confessor, in consequence, must be 
on his guard against such people and not allow himself to be 
deceived by them ; he may permit them only to mention some 
sin which causes them very great trouble, and he must instruct 

160 H. A. app. IV. § 1, n. 15. 

151 S. Alph. Prax. Conf. n. 20. 

"2 S. Alph. Vera Sponsa, cp. 18, § 2, 



GENERAL CONFESSION 237 

them to atone for their defects by an act of sorrow. If, however, 
the priest is convinced of the invahdity of the former confes- 
sions of such people, he should help them through their general 
confession and after that forbid any further examination. 
Moreover, only an experienced, prudent, and skillful confessor 
should undertake the direction of such persons, and a young 
confessor should recommend them to some holy man of greater 
age. Moreover, the general confession, as we have already 
mentioned, is a danger to all those for whom reflection on their 
past sins is a source of new temptations. It is dangerous for 
those who live in the voluntary and unnecessary occasion of 
sin and are always relapsing, who are not really in good disposi- 
tions, and who make a general confession merely with a view of 
getting absolution more easily; they may be recognized by the 
sins committed since their last confession, and they may be 
admitted to a general confession after being exhorted to give 
up the occasions of sin and to combat their sinful habits. ^^^ 
St. Leonard of Port Maurice says on this subject: '^If the peni- 
tent is living in the proximate occasion of sin without making 
a firm resolution to reform, or without giving signs of contrition, 
you must give him no encouragement to make a general confes- 
sion, for the proximate occasion must first be removed and the 
habit overcome at least for a time. It would else be but labor 
lost, for general confession is not merely an institution for set- 
ting right past confessions, but also for reforming one's life. 
If no purpose of the sort is in the mind of the penitent, there 
cannot even be a reasonable certainty that he will persevere in 
his reform, and there is no foundation upon which to build up 
virtue. Exhort him, and suggest means for avoiding the occa- 
sions of evil and for overcoming sin; show him the utter im- 
possibility of reform unless the occasions are given up, or, if 
this cannot be, unless they are made remote; urge him to pray 

153 Marc, Tnstit. Morales, II. T. II. P. III. Tract. V. Diss. II. n. 1712. 



238 THE RECIPIENT OF PENANCE 

and put off the general confession to another time. Only on 
quite special occasions, e.g. missions, or where there are extraor- 
dinary signs of penitence may any fruit be expected from the 
general confessions of those who live in occasions of sin and 
show no signs of improvement." ^^^ 

The practice of many confessors is to be deprecated, who, 
after hearing one or two confessions of a penitent, urge him to 
make a general confession, moved by imprudent zeal or in order 
to obtain better knowledge for the guidance of the penitent. 
Equally reprehensible is the conduct of many priests who give 
way to their penitents, allowing them to make often a general 
confession, or, at least, whenever they choose a new confessor. 
Such general confessions are quite useless and are a mere waste 
of time.^^^ 

31. The Manner of Hearing General Confession. 

As to the method of hearing general confessions, the following 
rules, the outcome of the long experience of learned confessors, 
should be observed : — 

1. In order to be fit for this office a confessor should be well 
instructed and already experienced in hearing confessions; he 
must have great patience and zeal for souls, and during the 
whole course of the confession be very sympathetic and encour- 
aging towards the penitent. 

2. If a penitent expresses his desire to make a general confes- 
sion, the priest should first inquire whether it be necessary or 
useful. In order to discover this it is not recommended to ask 
the penitent bluntly if he has ever concealed a sin in his former 
confessions, or any question of the kind, for it is quite possible 
that the penitent, though guilty of the sin, may in his bewilder- 
ment deny it and never again dare to confess it; it is much 

154 Anleitung zur Geiieralbeichte, S. 90-92. 

165 Qf. Aertnys, Pract. Instit. Confess. 1. c. art. II. ii. 247. 



MANNER OF EEABING GENERAL CONFESSION 239 

better if the confessor ask the penitent why he wishes to make 
a general confession, whether he feels uneasy, etc. By such 
questions or the like he may try to discover if there have been 
sacrilegious confessions. He will often receive one or other of 
the following answers : (a) ^^ Because I have kept sins back ; " 
he will then encourage his penitent, showing himself very kind 
towards him and urging him to be perfectly sincere, (h) "1 
have never yet made a general confession; " he may then find 
out if it be necessary or only useful, (c) " I have made a general 
confession before, but it was not a good one." He may then 
ask why the last general confession was not a good one; if the 
penitent can give no other reason, except his own fears, there 
is a fair presumption that he has to deal with an overanxious 
or scrupulous penitent, (d) "1 heard in a sermon that my con- 
fessions were bad;" here again the reason must be asked. 
(e) The following reason may also be given especially during 
a mission: '^I want to begin a better life;" in such a case the 
general confession will be at least very useful. 

3. If the general confession is necessary in consequence of 
former confessions having been sacrilegious or invalid, it must 
be made with great accuracy and the number and species must 
be given, so far as possible, just as though the sins had never 
been confessed before. It may easily happen, however, that 
the confessor, though convinced of the necessity of a general 
confession, cannot at once hear it for want of time or on account 
of the great number of penitents kept waiting; while the peni- 
tent frequently cannot return again and is quite uninstructed 
or of weak intellect, or is really anxious to receive absolution 
or must receive it in order to fulfill the obligation of going to 
communion. In such a case, and especially when the penitent 
discloses at once to his confessor that his previous confessions 
have been bad by reason of not giving the number of the sins, 
and when the confessor can, from the account of sins committed 
in the past year, form a fair estimate of the past life of the sin- 



240 THE RECIPIENT OF PENANCE 

ner, St. Alphonsus recommends that absolution should be given 
without any repetition of previous confessions. He assumes 
that the confessor is able to form a gross estimate as to the 
whole life from what he hears concerning one year, and that he 
further inquires whether the penitent, besides his ordinary sins, 
is conscious of any special ones in the course of his life. The 
detailed general confession may be put off to some more oppor- 
tune occasion which can be arranged at orice with the penitent. 
The holy Doctor adds another instance to those just mentioned — 
when the confessor after hearing the confession discovers that 
the penitent has failed in former confessions to give the number 
of his sins and when, at the same time, he has a distinda notitia 
of the sins and can form upon them a distinctum judicium on 
the past career of the penitent; if, however, he have only a 
notitia confusa of the sins confessed, he is obliged to form a notitia 
distinda of the former mortal sins imperfectly confessed. With 
only a notitia confusa of the penitent's previous condition he 
may not give absolution, for the penitent is obliged to confess 
each single sin once, and the confessor is obliged to pronounce 
once a distinct judgment on the sins.^^® In the case, however, 
where the general confession is not of necessity, these precautions 
in putting questions need not be adopted; if the concourse of 
penitents is very large, and if, as frequently occurs, in missions 
or on similar occasions the general confession cannot be put 
off to a more convenient time, the confessor may at least make 
a summary examination, asking only for the species of the sins 
and the time of duration of the habits of sin without laying 
stress on the exact number and circumstances of each particular 
sin. The priest must, of course, give the penitent sufficient 
time to unburden his conscience and to say all he wants to accuse 
himself of, even though such accusation be not necessary in 
this voluntary general confession, so that the penitent may 

156 S. Alph. Lib. Vr. n. 504; cf. Lugo 1. c. Disput. 16, iin. 600, 640; Ben- 
ger, Pci^toraltheologie, IL Bd. § 171, S. 479 (2. Aufl.). 



MANNER OF HEARING GENERAL CONFESSION 241 

leave the confessional with his mind quite at ease ; thus he may 
ask him in general: ''Do you accuse yourself of all sinful 
thoughts, words, etc.?" On this account it is recommended 
to impress upon the penitent that in a voluntary general confes- 
sion he is not bound to accuse himself of each particular sin; 
indeed this instruction is very useful, for a penitent may, in the 
course of his confession, incur sacrilege through false shame 
and an erroneous conscience by keeping back a sin which he 
imagines he is obliged to tell in general confession. It is an 
invariable rule to avoid too great haste or abruptness, otherwise 
the penitent is not put at his ease; hence it not infrequently 
happens that a penitent accuses himself of not having said all 
he wanted to say because the priest had been too quick. 

"The greatest difficulty in general confessions," says Blessed 
Leonard of Port Maurice, ''is the accusation of the number of 
sins." To meet this the following rules will be of service: — 

(a) If the confessor can get at the precise number of sins, he 
is obHged to do so. 

(5) If the penitent cannot give the exact number, he must 
be asked to give about the number, as near as possible. For 
this purpose the priest will suggest numbers, and if the peni- 
tent choose the largest number, a still larger one may be sug- 
gested to see if the penitent will accuse himself also of that. 

(c) In the case of frequently recurring sins or habits of sin it 
is necessary to find out whether they have been of daily, weekly, 
or monthly occurrence. As to which of these periods will apply 
to the penitent depends on his state as learnt from his last con- 
fession, and on the nature of the sin itself. In mentioning the 
period the confessor should always add a number, e.g. how 
often each week, three, four, or five times? and as we said 
under (b), the whole time during which the sin or habit of sin 
lasted must be found out. Finally it is useful in order to ascer- 
tain the state of the penitent's soul to find out whether there 
has at any time been improvement and how long it lasted. 



242 THE RECIPIENT OF PENANCE 

(d) It is the sententia communis and the teaching of St. Al- 
phonsus that by one and the same internal and external act a 
number of sins may be committed, when, for instance, the object 
aimed at in the sin includes several ends. A man, for instance, 
spreads a calumny about a community, — by so doing he in- 
curs as many sins as there are persons in the community; this 
occurs usually in cases of enmity, scandal, etc. When, there- 
fore, there is a diversitas ohjectorum totalium, questions must 
be put concerning the number of these objects. 

{e) In putting questions as to the number and species of the 
sin, care must be taken not to bewilder the penitent with ques- 
tions ; if two or three questions do not effect the desired result, 
no more need be put ; for St. Alphonsus teaches : The priest, 
who, after two or three questions, fails to obtain any definite 
result, need not worry even if he cannot come to any clear deci- 
sion, nam ex conscientiis implicatis et confusis moraliter impos- 
sihile est major em daritatem sperare}^'^ 

In conclusion, St. Leonard ^^^ remarks : If the confessor 
cannot get at the exact or probable number, or even the more 
frequent repetitions, it is in my opinion sufficient to find out the 
evil habit and the time of its duration. By this means the 
confessor, so far as is possible, will gain an idea of the state of 
his penitent and be able to form a judgment about him. The 
greater or less frequency of repetition must not, however, in- 
volve other consequences, as in the case of stealing. Here 
great care must be used to find out the number of the sins and, 
in particular, the value of the sum stolen. 

4. If the general confession is a voluntary one and the peni- 
tent unprepared, it is not advisable to receive it, but to give 
the penitent some days to prepare by examining his conscience, 
making acts of contrition, and praying with more than usual 
fervor, — a method which will insure greater fruit in the general 

1^'^ Praxis Confess, cp. T. ii. 20, 4. 

1^8 Anleitung zur Generalbeichte, S. 64-70. 



MANNER OF HEARING GENERAL CONFESSION 243 

confession. At the same time the confessor might show the 
penitent that a general confession is not such a difficult matter 
once it is undertaken courageously. If, however, the penitent 
will be prevented from returning to the priest to whom he wishes 
to make his general confession, the confession may be made at 
once. If the general confession is one of necessity, there is all 
the more reason for a good preparation. If, however, as fre- 
quently happens, there is reason to fear that the penitent will 
not return, the confessor should not send him away to make 
his preparation, but receive the confession at once. 

As to the preparation required on the part of the penitent, 
especially with regard to the examination of conscience, the 
confessor will be careful not to exact a written accusation; 
such a process, as a rule, only causes confusion and adds to the 
burdens of the confessor. If the penitent is afraid of not being 
able to retain in his memory the results of his examination of 
conscience, he may confine himself to a quiet examination accord- 
ing to his powers, and the confessor will help him. It may be 
permitted to the penitent to make notes of the more necessary 
points. If the confession is voluntary, the confessor may take 
the notes and read them for himself ; if it be a general confes- 
sion of necessity, the penitent himself should read them. 

5. It is not per se required that a penitent declare first the 
sins committed since the last confession before repeating his 
former confessions, nor is he obliged to make a distinction 
between the sins committed since the last confession and those 
told in former confessions, since the sin is the same whether 
confessed or not, and it makes no difference that the former sins 
have been remitted because the sin is not the object of confes- 
sion in so far as it is habitual or leaves enduring stain, but in so 
far as it has been actually committed. ^^^ Still it is recommended 
to make the general confession precede the particular confession 

159 S. Alph. 1. c. Lib. VI. n. 425, H. A. n. 4; Lugo, 1. c. Disp. 16, nn. 46- 
49 ; Aertnys, 1. c. n. 200, Q. 2. 



M4: THE UECIPIENT OF PENANCE 

of the sins committed since the last time, in order that the priest 
may better ascertain the state of his penitent and assure himself 
that there is no obstacle to his giving absolution. 

6. If the penitent is a well-instructed person and prepared, 
and is really desirous of confessing, the priest may allow him first 
to make his confession, and then he can put any questions that 
may be necessary, for many persons feel the need to reveal 
what is on their mind and have no peace until they do it. If, 
however, the penitent is persuaded that confession consists in 
the priest putting questions and the penitent answering, or if 
he wishes to make his confession in this manner, the confessor 
may adopt this mode. With ignorant penitents it is recom- 
mended and is indeed preferable. The confessor must then 
give the penitent time and opportunity to mention anything 
that disturbs his peace of mind. 

7. If the confessor receives a general confession by way of 
question and answer, he must adopt some method, going 
through the Ten Commandments, the Commandments of the 
Church, the Seven Capital Sins, and the duties of the state of 
life. 

For the sake of greater clearness and to avoid repetitions he 
might indeed bring all sins under the Ten Commandments, 
those even which are against the Commandments of the Church, 
the Seven Capital Sins, and other varieties of sins, for the Deca- 
logue, as the Roman Catechism teaches, is the sum of all the 
Commandments. 

It is not, however, recommended to divide the confession into 
parts answering to the different periods of one's life, for such a 
practice protracts the confession and involves many burdensome 
repetitions; still in the case of the sixth Commandment it has 
its advantages, and questions might be put as to sins committed 
before marriage, during the married state, and after the death 
of the other party. Finally penitents who can be questioned 
as to the actus consummati should be asked according to the 



PLAN FOR 31 AKIN G A GENERAL CONFESSION 245 

different species of the act as well as on the actios imperfecti, 
interna] and external, with regard to the species. 

8. The priest should not omit to exhort the penitent to ac- 
knowledge honestly his sins, and not to conceal from false shame 
anything which he is obliged to tell/^^ The confessor should 
never give any sign of astonishment or anger, no matter how 
numerous or atrocious the sins may be. Let him show rather 
that he would not be surprised at hearing even worse sins; let 
him come to the help of the penitent and even praise him for 
ha\dng succeeded in confessing some one or other of the more 
difficult sins. He may congratulate the penitent on winning a 
victory over himself and the devil, and encourage him again to 
complete candor and to make the confession as perfect as though 
it were to be the last of his life. 

32. Plan for making a General Confession. 

In this paragraph we present a plan of questions suitable for 
a general confession and offer it especially for the guidance of 
younger confessors. A few preliminary remarks, however, are 
necessary to secure clearness. 

This plan need not contain all the sins which are treated of 
in moral theology, but only such as may or do actually occur. 
Nevertheless, if a confessor adhere to this schedule in his ques- 
tions he may be quite satisfied as to the integrity of the con- 
fession. 

Such a schedule should be as short as possible so that the con- 
fessor may easily retain it in his head; hence the subdivisions, 
which he should know from his moral theology, may be omitted. 

Since in a general confession venial sins ought not to be lost 
sight of on account of their close connection with mortal sins and 
because they are of great moment in determining the state of 

1^0 P. Heilig, Methodus Confess, generales . . . excipiendi ; Gury-Baller. 
1. c. IT. Tract, de Sacr. Poenit. n. 519; Lehmkuhl, 1. c. Sect. IT. art. III. 
nn. 346, 349 ; Aertnys, Pract. Instit. Confessor. P. III. cp. YIII. art. III. 



246 THE RECIPIENT OF PENANCE 

the penitent's soul, some of the more serious venial sins will 
find a place in the catalogue. The confessor should know, in 
addition, how a sin in itself and objectively venial may become 
mortal per accidens, and, on the other hand, how a sin grave ex 
genere suo may per accidens become venial/*^^ 

Moreover, the priest should be careful not to examine all 
penitents on every sin; a single question to which a negative 
answer is given will show that a whole series of other questions 
may be omitted, and thus he will only inquire after those sins 
which are likely to have been committed. In putting his ques- 
tions he should pay due regard both to the physical and the 
spiritual condition of the penitent. From sins already confessed 
an indication may easily be drawn as to the further inquiries 
to be made, and while he omits many questions in the catalogue 
he may deem it advisable to add others. If he discovers in the 
penitent a habit of sin, he must inquire how long it lasted, when 
it began, and when it was broken off. 

In all his questions he will observe the rules which hold on 
this subject in every confession; ^^^ in particular he should bear 
in mind the words of St. Leonard of Port Maurice : ^^ Treat your 
penitent," he says, ^^as you would like to be treated yourself 
if you were in the same painful situation ; receive him in a 
friendly manner and with affectionate kindness; encourage him 
to have confidence in you and to open his heart ,to you. Re- 
frain from harsh and blunt forms of address which serve rather 
to irritate and, embitter the penitent than to make him docile, 
obedient, and phant ; and even when he is gross and ignorant, 
rebelhous to all advice and unwilling to fulfill his duties, do 
not, on that account, treat him harshly or frighten him by a dis- 
play of overbearing rigor. Remember that in the confessional 
you must be a martyr of patience, seeking always to win the 
penitent by the gentleness of your manners, and that your duty 

161 See § 24. "2 See § 49. 



PLAN FOR MAKING A GENERAL CONFESSION 247 

is to incline rather to mildness than strictness. If your words 
are to have the power of gentle persuasiveness, you must deal 
with him in the spirit of our holy faith, and he will become 
humble and convinced of the truth of your words." ^^^ 

If the penitent is not already well known to the confessor, 
the latter must by a few questions at the beginning of the con- 
fession inform himself as to the age, position, calling, and other 
circumstances of his penitent since such knowledge is necessary 
for the choice and arrangement of the questions to be put. 

If in the course of the confession some question must be asked 
on some rarely occurring and horrible sin, it should be pleaded 
by way of excuse that a special advantage of a general confes- 
sion is to secure a thorough examination of conscience; and 
that this explains the unusual questions. 

If during the confession the discovery is made that the peni- 
tent lies under some special obligation to avoid occasions of sin, 
to make restitution or some such burden, he should be told of 
it and disposed for it at once without waiting for the end of 
the confession for fear of forgetting it or of giving a wrong judg- 
ment. All other directions, however, in the way of advice or 
instruction should only be given at the end for fear of annoying 
and repelling the penitent, and also in order to avoid prolixity 
and repetition. If on general principles the absolution ought 
to be put off and the penitent fails to show necessary disposi- 
tions by signs of extraordinary sorrow and penitence, the con- 
fession should be interrupted and not resumed till a decided 
improvement is seen. If the penitent is judged to be in good 
dispositions, the confession may go on after the promise of per- 
forming the necessary obligations has been exacted, and the 
penitent should be reminded that if he is not sincerely deter- 
mined to stand by his promises, his trouble is all in vain and 
his confession invalid, and that he is putting a seal on his con- 

16^ Aiileitung zur Generalbeichte, S. 88-90. 



248 THE RECIPIENT OF PENANCE 

demnation by a new offense against God. In longer confessions 
it is a good practice even during the accusation (especially if 
some particularly grave sin be mentioned) to remind the peni- 
tent of the greatness of his crimes, of God's goodness and grace 
by which he has been freed from all these great sins, and then 
to encourage him to make a thoroughly good confession. The 
penitent should also be reminded of all his bad confessions and 
communions, of his neglect of his Easter duties, etc. 

If it be observed that the penitent is unusually disturbed, the 
cause of it should be found out; if it be the avowal of some one 
sin, the confessor should seek to obtain some hint about it and 
then push the questions so that the penitent has only to answer 
yes or no; thus a penitent may be consoled who is troubled 
because he has not sufficiently examined himself, or cannot ex- 
press his meaning correctly or has forgotten what he wished to 
say. If no definite cause can be assigned, the confessor should 
encourage him in a general way, telling him that the confession 
is made to God, reminding him of the sacredness of the seal, 
recalling to him that the priest is also but a man, subject to 
faults and weaknesses; impressing upon him that the priest is 
ordained in order to sympathize with others, to help them by 
his kindness and patience, etc. Furthermore the way of begin- 
ning a general confession depends on the circumstances of the 
penitent, and these must be inquired into at once.^^^ 

Having laid down these principles we enter into details : — 

I. Preliminary Questions. 

1. The penitent should be asked his age, his condition of life, 
and his calling. 

2. Then he may be asked if his previous confessions have 
been valid (the uninstructed should be assisted to form a correct 

^^* Leonard von Port Maur., Anleitung zur Generalbeichte ; Benger, 
Pastoraltheologie, Bd. 1\\. S. 607-619 (1. Aufl.), Bd. 11. S. 475-486 
(■2. Aufl.) ; Schiich, Pastoraltheologie, § 320. 



PLAN FOR MAKING A GENERAL CONFESSION 249 

judgment in the matter), whether he has ever intentionally con- 
cealed a grave sin or a notable circumstance in confession — 
given intentionally the wrong number of his sins — examined 
his conscience carefully — tried to be really contrite at least for 
all graver sins. Then he may be asked if he has always faith- 
fully performed the penance imposed. If the confessor discovers 
any sacrilegious confessions, he must at once ascertain their num- 
ber as closely as possible, asking when the first bad confession 
was made, how long the habit lasted, whether any of them were 
set right, how often the penitent in this condition was accus- 
tomed to confess or communicate, whether the Easter duties 
were neglected by reason of such confessions and communions, 
whether in making such confessions and communions the peni- 
tent was conscious of committing sacrilege; whether during 
that period other Sacraments were received such as Confirmation, 
Matrimony, Extreme Unction. If the penitent is persuaded 
that his confessions were not sacrilegious, but some grounds of 
suspicion remain, the confessor might on occasion of some 
accusation against the sixth Commandment, make inquiry if 
the sin has been confessed before; or he might even ask 
plainly, "You have never yet confessed this sin?" or, "You 
have never had the courage to confess this sin?" 

II. Sins against the Sixth and Ninth and the Other 

Commandments . ^^^ 

The confessor may next, in order to learn the general state of 
the penitent, ask quite generally: "Were you ever led astray 
when young? at what age? Did you indulge in a-ny impure 
habits ? " If the priest discovers that the penitent is quite inno- 
cent of such sins, he should go on at once to the other Command- 

^^5 Some experienced confessors advise to begin with these commandments, 
because sins against holy purity are frequently the cause of invalid confes- 
sions. Many penitents, however, would be shocked and disgusted at such 
a proceeding. 



250 THE RECIPIENT OF PENANCE 

ments. He might perhaps ask further: ''Were you troubled 
with temptations against holy purity? Had you to listen to 
bad conversation ? Has any one ever taken liberties with you ? " 

Sins of luxuria consummata may be reduced to four species, 
vollutio, fornicatio, sodomia, and hestialitas. These species have 
their actus imperfectos, external, for instance tactus, and internal, 
namely, delectatio morosa and desideria, and in addition may 
have three circumstances which change the nature of the sin, 
adulteriwn, incestus, sacrilegium. The questions may be mod- 
eled on these four species, and in the case of each sin the cir- 
cumstances inquired into which affect the species of the sin. 
Any compendium of Moral Theology will suggest the necessary 
detail/«« 

He may add : " Have you confessed all the sins you have 
committed against holy purity? Does anything else disturb 
your mind with regard to the sixth Commandment? Perhaps 
you can manage now to make a general confession and to set 
in order your past life." 

Against the First Commandment. 

1. Against Faith. The confessor may ask whether the peni- 
tent has been troubled by doubts against faith, or really 
doubted of the truths of faith and suggested such doubts to 
others; whether he has denied any truth of faith-; whether he 
has acted or spoken against faith and before how many persons ; 
whether he has induced others to jeer or mock at faith; has he 
spoken against religion and priests? has he listened to speeches 
of others directed against faith and applauded or encouraged 

166 The greatest prudence should be employed in putting these questions 
for fear of teaching evil or giving scandal. In this matter it is better that 
the completeness of the accusation should suffer. For instance, Ballerini 
disapproves of asking directly whether the accomplice is bound by vows, 
since such cases are rare, and when they occur the penitent would be cer- 
tain to mention the circumstance spontaneously, while to put such a ques- 
tion would frequently cause astonishment and give scandal. 



PLAN FOB MAKING A GENERAL CONFESSION 251 

them? has he read, sold, given or recommended to others the 
reading of books and articles against faith? has he himself 
written for such publications ? has he frequented the society of 
men who mocked at religion or were enemies of the faith? has 
he taken part in the religious services of non-Catholics? has he 
joined any society which is hostile to religion? 

2. Against Hope. Has he doubted of his salvation or of 
God's mercy? or of the possibility of reforming? has he pre- 
sumed on God's mercy and put off his conversion ? 

3. Against Charity. Has he under stress of suffering hated 
God? indulged feelings of indifference or resentment against 
God and holy things? has he murmured against God in his 
sufferings and crosses ? has he banished God from his mind for 
long periods, neglected prayer ? 

4. Against the Reverence due to God. Has he believed in su- 
perstitious practices and employed them? has he used sacred 
objects without reverence or for wrong purposes? has he re- 
ceived any of the Sacraments (Penance, Holy Communion, Con- 
firmation, Matrimony, Extreme Unction) unworthily? has he 
desecrated holy places? has he injured persons consecrated to 
God? 

Against the Second Commandment. 

Has he blasphemed? before children? Has he a habit of 
swearing? Has he ever sworn to what was false, or to any- 
thing of which he w^as doubtful? in a court of justice? to the 
injury of others? Has he been accustomed to use rash oaths? 

Against the Third Commandment and the Commandments of the 

Church. 

Has he by his own fault missed Mass on Sundays and holi- 
days of obligation? has he absented himself by his own fault 
from a considerable portion of the services ? Has his behavior 
during the services been irreverent and scandalous? Has he 
done servile work without necessity on Sundays or holidays of 



252 THE BECIPIENT OF PENANCE 

obligation? for how long? before others? or has he required 
such work from others? Has he broken the law of fasting 
without cause, or eaten meat on forbidden days without a dis- 
pensation ? Has he neglected his Easter duties ? 

Against the Fourth Commandment. 

Are the parents still living ? Has he dehberately offended them 
by frequent disobedience in matters of moment {e.g. frequent- 
ing certain company against their will, staying late in public 
houses, by not giving up bad companions, by neglecting reli- 
gious duties or important business at home) ? Has he despised 
them in his heart? treated them with contempt or given them 
great trouble ? used harsh and contemptuous language to them ? 
wished them harm seriously? in the presence of others? Has 
he been ashamed of them? neglected them in their necessities, 
treated them badly, not carried out their last wishes ? 

Servants, etc., should be asked whether they are faithful to 
their master's services: have they offended him by contempt 
or rudeness? damaged his reputation with his neighbors? 
obeyed him in things forbidden? Have they given scandal to 
others in the house, particularly children ? 

Masters, etc., should be asked whether they take due care of 
those under them. Have they treated them unjustly? per- 
mitted evil practices? have they kept their servants to the 
practice of their religious duties and given them time for it? 
have they given their servants bad example or led them into 
sin? 

Parents and Superiors should be asked if they take proper 
care of their charges, or have squandered the family property. 
Do they correct and punish the children with prudence and 
without anger? have they ever wished evil to befall them? Do 
they watch over their children, keeping them from bad com- 
panions, from sinful connections? Have they instructed the 



PLAN FOR MAKING A GENERAL CONFESSION 253 

children in their rehgious duties? have they sent their children 
to irreligious schools? Have they given their children bad ex- 
ample ? Have they said or done anything sinful in presence of 
the children ? 

Married people should be asked if they live together in peace ? 
have their quarrels given scandal to the children ? 

Against the Fifth Commandment. 

Has the penitent let himself be carried away by anger? 
broken out into curses or wished grave damage to betide his 
neighbor? Has he rejoiced in his neighbor's misfortunes, enter- 
tained hatred, and inflicted harm or intended to inflict it ? Has 
he fostered enmities or refused to make satisfaction to those 
whom he has injured? Has he lived in enmity with others, 
with how many and for how long? Has he promised to make 
peace and kept his promise? Has he ever seriously damaged 
his health or attempted his life, or seriously thought of doing so ? 
Has he been in the habit of drinking, and been quite overcome 
by drink ? Has this been the occasion of quarrels or other sins ? 
Is it a habit ? Has he neglected his duties to his wife and chil- 
dren in consequence, or ill treated them and destroyed the peace 
of the family? (The confessor must not forget his studies on 
occasio and consuetudo when dealing with cases of this sort.) 

It might also be well to ask if the penitent has been hard in 
dealing with the poor in their grave needs and refused assist- 
ance. 

Against the Seventh and Tenth Commandments. 

Has he entertained desires of stealing or of cheating his neigh- 
bor ? Has he actually committed theft, or cheated his neighbor 
in doing business? Has he inflicted losses on any one? Has 
he paid his debts or put off for a long time the paying of them ? 
Has he made restitution and repaired the losses inflicted? Is 
he at least willing to make reparation ? If not, why not ? 



254 THE RECIPIENT OF PENANCE 

Against the Eighth Commandment. 

Has he told lies to the grave injury of his neighbor? Has he 
ever given false witness in a court of justice? Has he ever be- 
trayed an important secret? Has he ever injured the reputa- 
tion of his neighbor by revealing his faults without sufficient 
reason ? to how many people was this communication made ? 
Has he ever falsely accused his neighbor of a fault? to how 
many people? Did he restore the good name of the injured 
person? and did he make good to him the losses resulting from 
the calumny? Has he made rash judgments in things of great 
moment, and has he communicated them to others ? 

With respect to the Seven Capital Sins the confessor may 
ask: — 

' Has the penitent behaved in a proud, overbearing manner 
towards others ? Has he devoted himself to inordinate amassing 
of wealth and coveted the same? Has he omitted to give 
the alms which he ought? Has he helped his neighbor when 
he ought ? Has he indulged in envy of his neighbor on account 
of his fortune, his wealth, his graces, his virtues, etc. ? Has he 
rejoiced in his neighbor's misfortune, caused it or wished it? 
Has he neglected his work and duties through idleness, and 
injured his neighbor thereby? 

With regard to the nine ways of participating in the sin of 
another the confessor might ask: Has he boasted of his sins? 
which? Has he advised others to commit sin, or praised the 
sin of others, or commanded others to sin? Has he failed to 
prevent the sins of others when he could do so easily ? 

After the priest has put all the questions which he thinks 
necessary he should proceed to advise the penitent to reflect if 
there is anything else disturbing his conscience about which no 
questions have been put; and he should also remind him that 
this confession may be his last. He may then try to move the 
penitent to contrition and to a firm purpose of amendment by 



PLAN FOR MAKING A GENERAL CONFESSION 255 

the consideration of some effectual motives presented in a kind 
and fatherly manner. He might conclude with some words to 
this purpose : — 

" Now thank God with all your heart for the great mercy He 
has shown you ; if death had overtaken you while you were bur- 
dened with so many grave sins, you would certainly be at the 
present moment in hell, but now make your mind quite easy 
and don't worry any more about these sins; I am now going 
to absolve you in God's name from them all and your soul will 
be as pure as when it came from the baptismal font ; but beware 
of sinning again and do not return God's mercy with ingratitude." 
The confessor will then give the penitent some directions how to 
reform his life; he must point out one or other of his sins that 
should be especially combated; and if at the same time he 
shows an interest in the penitent and promises to pray for him, 
the latter will go away consoled and encouraged to begin a 
new life in the Lord.^®' 

167 Aertnys, 1. c. cp. 8, art. 4, nn. 251, 252 ; Lehmkuhl, 1. c. n. 351 ; 
Gury-Balleriiii, 1. c. n. 520; Heilig, Methodus Conf. gen. n. 10 ss. 



CHAPTER IV 

SATISFACTION 

33. The Imposition of Penance by the Confessor. 

There is no question here of satisfaction in the wider sense 
which includes the restitution to be made for the infliction of 
spiritual or temporal loss. The subject which we propose to 
treat of is satisfaction in its restricted meaning {satisf actio) . It 
consists in the performance of those works of penance which 
according to the Council of Trent ^^^ are designed to preserve the 
new life acquired in the Sacrament, to repair the languor which 
remains as a relic of past sin, and at the same time to serve as 
a punishment for sin. As after the recovery from a severe ill- 
ness the body is weakened, so after a spiritual cure the soul 
retains a weakness and an incHnation to fall back into sin ; more- 
over, as the Church teaches, the remission of guilt and eternal 
punishment does not always include the remission of all tempo- 
ral punishment. The penance is imposed with a view of remov- 
ing the last traces of weakness and of paying the 'debt of temporal 
punishment; under its first aspect it is called poena medicinalis, 
under the second, poena vindicativa. 

This satisfaction is partly sacramental, partly extra-sacra- 
mental. The sacramental portion consists in the works which 
the confessor imposes in virtue of the power of the keys; the 
extra-sacramental in the works freely undertaken by the peni- 
tent, as well as in the patient submission to the sufferings and 
crosses of this life. We are dealing at present with sacramental 

168 Sess. XIV. De Poeiiit. cp. 8. 
256 



IMPOSITION OF PENANCE BY THE CONFESSOR 257 

satisfaction, which is an integral part of the Sacrament, as it is 
immediately connected with the power of the keys, and which 
is more efficacious as atonement in consequence of the applica- 
tion of the merits of Jesus Christ/^^ 

Both confessor and penitent have obhgations with respect to 
this satisfaction. We will first consider the duty of the con- 
fessor in the matter. 

I. The confessor is bound to impose some penance on every 
penitent who receives absolution and who is capable of doing 
penance. 

The tradition of the Fathers, the constant practice of the 
Church, and the express declaration of the Council of Trent 
agree in maintaining that the penance is an integral part of the 
Sacrament. The text of the Council ^^^ runs as follows: '^It is 
therefore the duty of priests to impose, as reason and pru- 
dence may suggest, wholesome and appropriate penances with 
due regard for the nature of the sin and the strength of the 
penitent, lest, by being indulgent towards sin and treating the 
penitent too tenderly in giving the very lightest penance for 
grave sins they become themselves participators in the sins of 
others. Let them keep in view that the satisfaction which 
they impose is designed not only to preserve the new life and 
to heal infirmity but also to punish and destroy past sin; for 
the power of the keys was given not only to loose but also to 
bind." The confessor must impose a penance not only when 
mortal sins, but also when venial sins, or mortal sins already 
absolved, are confessed. As often as absolution is given a pen- 

1^® S. Thorn. Amplius valet ad expiandum peccatum quam si propria arhitrio 
homo faceret idem opus. Quodl. Lib. 3, Q. 14. Summa Theol. Supplem. Q. 
12-15; Siiarez, De Sacr. Poeiiit. Disp. 37 per 10 Sectiones, Disp. 38, Sect. 
1 and 2 ; Lugo, De Sacr. Poenit. Disp. 24 per 5 Sectiones ; Billuart, 
Compend. Theol. Tom. VI. De Sacr. Poenit. Diss. VIII. a. I. 6-8; cf. 
Ballerini, Op. Theol. Mor. Vol. V. Tract. X. Sect V. cp. I. n. 478 ss. ; 
Schanz, Die Lehre von den hi. Sakrainenten, II. Tl. § 42, Die Genugthumig, 
S. 538 ss. I'o Sess. XIV. cp. 8. 



258 THE liECIFIEJSIT OF PENANCE 

ance must be imposed — (a) because the penance belongs to 
the integrity of the Sacrament, (h) that the penitent may not 
be deprived of the sacramental fruits of satisfaction, (c) that 
justice and right may be done. 

II. This duty of imposing a penance urges per se sub peccato 
mortali when there is question of mortal sins not yet remitted 
by the power of the keys; where the matter is only venial sin 
or materia libera, the obligation is binding only sub levi. 

Hence a priest sins mortally by failing to give a penance to 
a penitent who confesses sins not yet directly forgiven; in the 
case of a penitent who presents only materia libera, the confessor 
sins venially (probabiliter) ob parvitatem materia'. 

III. At times there may be no sin in failing to give a penance. 
This can happen : — 

(a) When absolution is given to a penitent in articulo mortis, 
especially if he be unconscious. St. Alphonsus, however, recom- 
mends, and laudably, that even a dying penitent should receive 
some light and easy penance, if there be time to do it and the 
penitent can perform it, e.g. to kiss the crucifix, to pronounce 
the names of Jesus and Mary, or to make at least an internal act 
of love in order that the Sacrament may have its due comple- 
ment and the dying person gain some fruit from the sacramental 
satisfaction. The confessor might himself help the penitent by 
reciting the prayers for him, holding the crucifix to him; this 
will also be a means of comforting and consoling the dying man.^^^ 

(b) If a perplexed or scrupulous penitent returns frequently 
to confess sins that he had forgotten, and if nearly every time 
there is reason for giving absolution, the confessor satisfies his 
obligations by again imposing the previous penance without 
adding another or by prescribing it as sufficient for all the sins 
mentioned in confession. ^^^ 

171 S. Alph. Theol. Mor. Lib. VT. nn. 506, 507; H. Ap. n. 47. 
i'2 Busenbaum, Medulla, Lib. VI. Tract. IV. cp. I. De Satisfact. Art. T; 
S. Alph. Lib. VI. u. 513; Lugo, Disp. 25, u. 50. 



IMPOSITION OF PENANCE BY THE CONFESSOR 259 

IV. The confessor is bound to give a suitable and wholesome 
penance, punitive as well as medicinal, proportioned to the num- 
ber and gravity of the sins and adapted to the individual peni- 
tent. This is the express teaching of the Council of Trent.^'^ 

The choice of the penance is not left to the caprice of the con- 
fessor. Special directions are laid down for him by the Church, 
and these he must follow suh gravi. The Council draws a dis- 
tinction between poence vindicativce and medicinales , and the 
confessor has to inflict these in his capacity of judge and healer 
of souls. But to avoid misunderstanding it must be borne in 
mind that the whole power and authority of inflicting penances 
or of bincUng the faithful is vested in the confessor as judge. 

As physician the great object of the" confessor must be to 
heal the wounds of the soul and to provide against relapses, 
but here he can only insist on the necessary means, and that 
simply because he expresses what the penitent is bound to do 
already by natural and divine law. 

The case is quite different when we regard the confessor as 
judge; in this capacity he has power to punish and Mnd the 
penitent. In the choice of the works of penance which he im- 
poses in his quality of judge, he may use his knowledge as physi- 
cian, and it is a course to be commended if he imposes such 
penances as will help to salvation, heal the spiritual maladies 
and safeguard the penitent against relapses.^^^ In this way the 
confessor falls in with the prescriptions of the Council by giv- 
ing penances which are in part punitive, in part medicinal ; they 
are punitive if in any way they oppose our sensuahty or our 
pride; and they are medicinal when they are of a kind to cut 
away the causes 'and roots of sin, to mortify our irregular incli- 
nations, to strengthen the will, to remove occasions of sin, to 
save us from relapses and to confirm us in virtue. In accord- 
ance with the maxim "contraria contrariis curantur^' those good 

i-^s Sess. XIY. cp. 8. 

i"4 Cf. Lehmkuhl, 1. c. Sect. TT. cp. TTT. Satisf actio, n. 355. 



260 THE RECIPIENT OF PENANCE 

works are generally prescribed which are directly contrary to 
the sins committed, hence the prescription of the Roman ritual 
to impose as penances almsgiving upon the avaricious, fasting or 
other bodily mortifications upon the sensual, humiliating works 
upon the proud, exercises of devotion for the tepid/ ^^ 

All works of satisfaction or penance may be reduced to the 
three heads of Prayer, Fasting, Almsdeeds. Under prayer, for 
instance, may be grouped all works of piety and devotion, par- 
ticularly everything that may be understood as related to the 
knowledge of God; more frequent prayer, daily examination of 
conscience, daily Mass, meditation (especially on the sufferings 
and death of Jesus Christ and the four last things), spiritual 
reading, more frequent? confession, frequent repetition of acts of 
the theological virtues, thought of the presence of God, devo- 
tion to our Blessed Lady — all of which are irksome and con- 
trary to our corrupt nature and partake in consequence of the 
nature of a penance. Under the head of fasting may be in- 
cluded not only abstention from meat and drink, but every kind 
of mortification, hence the denial of even lawful pleasures, early 
rising in the morning, the cutting down of little comforts, kneel- 
ing at prayer, etc. And under almsgiving we may comprise all 
works of corporal and spiritual mercy. 

These three classes of good works correspond to the three 
roots of sin, — the concupiscence of the flesh, the concupiscence 
of the eyes and the pride of Hfe; for fasting is directed against 
the concupiscence of the flesh, almsgiving against the concu- 
piscence of the eyes, and prayer against the pride of hfe.^^^ 

Even purely interior acts (opera mere interiora) may be im- 
posed: some theologians contradict this statement on the plea 
that human authority is not empowered to enjoin such acts, 
but here the question is not about human authority but of divine 
power given to men.^^^ 

'"5 Rituale Rom. De Sacrain. Poenit. i"^ S. Thorn. Suppl. Q. 15, a. 3. 
^'^'^ S. Alph. cum communi sentenda. Lib. VI. 1. c. 



IMPOSITION OF PENANCE BY THE CONFESSOR 261 

The confessor may also give as a penance works to be done 
for the souls in purgatory, for though this satisfaction in se is 
directed to the benefit of the holy souls it is a good work, and by 
its union with the Sacrament has power ex opere operato to les- 
sen the temporal debt of the penitent/^^ 

Indeed the confessor may impose as penance some good work 
which has already been started, not precisely as a good work 
but so far as it expresses under the new circumstances obedi- 
ence, humility, and the denial of one's own will. It may be 
observed, however, what St. Alphonsus remarks, that it is rarely 
advisable to impose such a penance even with another good 
work attached. 

A work which one is already bound to do may be imposed as 
a penance since it may be ex natura sua satisfactory and is capa- 
ble of acquiring a greater satisfactory effect ; but such work can 
be considered as a sacramental penance only when the confessor 
has expressly declared so, nor is it advisable that such works 
should be so imposed, unless indeed there exist some urgent 
reason for it on the part of the penitent, — his weakness, for ex- 
ample. If such work {aliunde debitum) be imposed, its omission 
is a double sin.^^^ 

A penance may be given to be performed in case of a relapse, 
according to the opinion of eminent theologians such as Suarez, 
Laymann, and St. Alphonsus Liguori; so that if the condition 
be fulfilled, i.e. if the sinner relapse, the penance must be carried 
out. A confessor giving only a penance of that kind would be 
very far from satisfying his obligations.^®^ 

A public penance, i.e., a penance to be done before others, of 
such a nature that bystanders could infer that the penitent had 
incurred grave sin, cannot be imposed by a confessor for secret 
sins, for such an infliction would be an indirect violation of the 

1^8 S. Alph. ibid.; Scavini, 1. c. n. 383; S. Thorn. Quodl. 3, a. 28. 
1'^ This is the teaching of St. Alphonsus cum innumeris scriptoribus contra 
naucos (n. 513). iso S. Alph. 1. c. n. 524. 



262 THE BECIPIENT OF FENANCE 

seal, and besides it is expressly forbidden by the Roman Ritual. 
For public sins a public penance may be inflicted, and the Coun- 
cil of Trent insists upon it as a way of repairing scandal. Here 
there is no breach of the seal, for it is question of notorious sin. 
The confessor should only insist, however, on a public penance 
when he is convinced of the necessity of that step for repairing 
scandal. If the confessor feels called upon to impose such a 
penance, and the penitent declines to do it, absolution cannot 
be given. In general, any scandal given may be set right by 
an evident reform in the life of the penitent, if, for instance, 
he approach the Sacraments more frequently, visit the Church, 
hear Mass, join a sodality, etc.^^^ Moreover, not everything 
done in the presence of others, which the penitent could easily 
undertake of his own free will, need be regarded as a public 
penance. It need be no matter of anxiety to the confessor if 
the penitent reveals to others that such or such a practice is a 
penance imposed by the priest. 

Finally the confessor must carefully avoid enjoining any 
practices which are needlessly repugnant to the penitent and 
which there is reason to fear he will shirk. For instance, tell- 
ing the children to beg pardon of their parents, or the penitent 
to pray in the Church w^ith the arms stretched out in the form 
of a cross. Lehmkuhl justly remarks that such penances are a 
clear sign of a confessor's want of prudence and may give occa- 
sion to many sacrileges. *^^ 

There is left a large choice for the confessor in the matter of 
penances. He is bound, however, by the prescriptions of the 
Council of Trent to impose works of penance quantum spiritus 
et prudentia suggesserit, but also to consider the qualitas criminum 
and the facultas pcenitentium. Thus he must bear in mind the 
gravity of the sin and the condition of the penitent; in this 
way a prudent mean may be kept between too great mildness 

181 Cf. S. Alph. 1. c. n. 512. i82 Lehmkuhl, 1. c. n. 356 (8). 



IMPOSITION OF PE^'^ANCE BY THE CONFESSOR 263 

and excessive strictness. The priest should avoid being too 
easy, for fear, as the Council says, of participating in the guilt 
of others and sacrificing God's cause to an indulgence which 
may be easily attributed to human respect or other unworthy 
causes. To avoid this danger the Roman Catechism recom- 
mends the study of the old penitential canons where each sin 
has its own fixed punishment. It is true that the discipline has 
been altered since then but its spirit remains, and the zeal of the 
priest for the cause of his Lord should be no less fervent than 
that of the first ages of the Church. On the other hand, how- 
ever, undue rigor is to be avoided. The strictness should not 
be founded on self-love, prejudice, ostentation, nor on a natu- 
rally stern temperament, nor on want of common sense, etc., 
otherwise the penitent may be driven to despair, and souls lost 
instead of being won. The tribunal of penance should resemble 
as closely as possible God's owm tribunal, and as God is not only 
just but merciful, so the priest should never separate these two 
attributes. It is often a good thing to let the penitent know 
that he has deserved a severer penance, but that the ever gentle 
spirit of the Church imposes only a light one, leaving the peni- 
tent free to undertake other w^orks of satisfaction if his zeal 
prompt him thereto. It is matter of experience that penances 
extended over too long a period do not always succeed in their 
object, for since they are frequently not performed they may 
easily prove a snare to the penitent instead of being a help. If 
the priest is in doubt whether to adopt a strict or a mild line of 
conduct in any particular case, he may recall the beautiful words 
of St. John Chrysostom : ^^^ " Is it not easier to render an account 
of excessive mercy than of excessive severity ? Can the steward 
be close-handed where the master is so liberal? If, then, God 
is so good why should His minister be severe? If your object 
is to pose as a saint, be austere towards yourself and mild towards 
others." ''' 

183 Homil. 43 in Matth. c. 23. is* cf. Martin, Moral. S. 591. 



264 THE RECIPIENT OF PENAN CE 

V. For mortal sin a poenitentia simpliciter gravis should be 
given, for venial sin a poenitentia levis; and a confessor would 
sin gravely if without sufficient reason he should impose for 
mortal sin a poenitentia in se levis, for he would neither punish 
the sin nor give his penitent the means of salvation. In the. 
case of sins doubtfully mortal, whether considered subjectively 
or objectively, he is not obliged to impose a severe penance/^'^ 

Whatever in the present discipline of the Church is imposed 
suh gravi is considered as materia gravis for a penance. The 
following, for instance: five decades of the Rosary, the Litany 
of the Saints with the accompanying prayers; while as materia 
levis are reckoned : one psalm (of moderate length) , the Litany 
of Loretto, five Our Fathers and five Hail Mary's, etc. Any 
prayer corresponding in length to a little hour of the Breviary 
counts for materia levis, for though the omission of one of these 
little hours is a mortal sin, this is not in virtue of the prayer 
itself, but because the recitation of the Breviary is a public and 
official act and done in the name of the whole Church. 

If the penitent has committed many mortal sins, the penance 
can hardly be increased in a strict proportion. In this case the 
imposition of a penance corresponding to one mortal sin is not 
sufficient unless special reasons exist for not giving a heavier 
penalty. 

VI. There are many reasons for which a confessor may be 
justified in giving a smaller penance than is due to the number 
and gravity of the sins, and this diminution may be absolute 
as well as relative. For instance : — 

1. A penitent is prostrated by a severe illness and unable to 
perform a longer penance. The priest should exhort him to 
offer up his sufferings as satisfaction for his sins, and if the sins 
have been very grave the priest ought to be willing to take upon 
himself part of the penance. ^^"^ 

185 S. Alph. 1. c. n. 516, H. A. n. 55; Sporer, 1. c. n. 588. 
180 Cf. Kit. Roman, tit. III. cp. I. n. 25. 



IMPOSITION OF PENANCE BY THE CONFESSOR 265 

2. When there is extraordinary sorrow. This in se is suffi- 
cient reason for diminishing the penance, for the greater such 
sorrow the greater is the remission of temporal punishment. 
On the other hand, such a penitent is wilhng to accept a very 
severe penance; and if we read of certain holy men imposing 
only a slight penance, we must remember that they either made 
up for it in their own person or induced the penitent to practice 
of his own free will some austerity. 

3. A confessor may see that his penitent is very weak spiritu- 
ally and not willing to carry out a severe penance, although he 
may have no doubt as to his contrition and resolution of amend- 
ment. Such a case may call for the expedient of adding to a 
small penance some other practices which the penitent must 
fulfill on other accounts, e.g. to hear Mass on Sunday, etc., 
and the confessor would do well to choose such practices as the 
penitent has been in the habit of neglecting.^" 

We will now mention the occasions in which a confessor may 
impose a penance in accordance, indeed, with the Church's 
precepts as to materia gravis, but less than what seems propor- 
tioned to the number and gravity of the sins : — 

1. When there is great, though not quite extraordinary, con- 
trition. 

2. On the occasion of a jubilee or some other plenary indul- 
gence ; but to refrain for such a reason from giving any penance 
at all would be quite wrong and against the distinct declaration 
of Benedict XIV, Constit. " Inter prceteritos.^^ 

3. When there is fear that the penitent, through spiritual 
weakness, may fail to perform the penance which would cor- 
respond to his sins. 

4. When there is hope that a smaller penance will induce the 
penitent to receive the Sacraments oftener and with greater 
spiritual benefit; indeed, this seems to be the chief reason why 

18" S. Alph. Lib. VI. n. 513. 



260 THE RECIPIENT OF PENANCE 

the Church has tempered in our days the severity of her peni- 
tential disciphne. 

5. When the confessor intends to do the penance which he 
beheves he dare not lay upon his penitent, as, for instance, 
when St. Francis Xavier disciplined himself to satisfy for the 
sins of his penitents. The sufficiency of this vicarious penance 
rests on the Catholic doctrine of the Communion of Saints. 
On the other hand, the proposition that a penitent can, of his 
own authority, appoint another to do the penance for him has 
been condemned by Alexander VII. 

6. When there is hope of inducing the penitent by means of a 
smaller penance to do other good works on his own account. 

7. When the penitent has already done penance and is in the 
habit of practicing good works. 

It is, however, always recommended to tell the penitent that 
the penance is very much less than he deserves. ^^^ 

VII. For venial sins or materia libera the confessor may im- 
pose a heavy or a light penance but not sub gravi; but if he 
imposes a light penance for mortal sin such penance may bind 
only sub levi, but the very fact of imposing a heavy penance for 
mortal sin means that the obligation is sub gravi, unless he ex- 
pressly declares his intention of not so binding.^^^ 

In treating the question of the obligation on the penitent of 
carrying out the penance and the intention of the confessor in 
the matter, we must keep in mind the parallel instances of the 
binding force of laws. The legislator cannot bind the conscience 
sub gravi in a matter which, regarded objectively, is of small 
moment; while grave matter when prescribed ex gravi causa 
induces a strict obligation per se, though the legislator may have 
the power only to enforce it under pain of venial sin. This 
is the teaching of St. Alphonsus with the sententia communior 

^88 S. Alph. 1. c. nn. 509, 510, 526 ; H. Ap. nn. 49, 50; Lugo, 1. c. Disp. 
25, n. 60; Renter, 1. c. p. 4, nn. 591, 404; Ballerini, Op. Theol. Mor. 1, c. 
nn. 489, 493. i8« S. Alph. Lib. VI. nn. 517, 518. 



IMPOSITION OF PENANCE BY THE CONFESSOR 267 

et valde prohahilis as regards the obligation of laws and the law- 
giver. When, then, the confessor imposes a penance, he is at 
the same time passing a law which must be obeyed. 

Many theologians deny that the confessor can impose for 
mortal sin a heavy penance only sub levi because he is simply 
God's minister, and in consequence must act in accordance with 
the institution of the Sacrament without attempting to diminish 
its rigor/^^ On the other hand, the sententia communior et valde 
prohabilis gives the confessor the right because, though he is 
the vicar of God, he is appointed by Christ as actual judge and 
legislator who, in virtue of his powers, looses by forgiving sin 
and binds by imposing penance; so that the obligation of the 
penance is not a consequence of the Sacrament but of the pre- 
cept of the confessor/^^ Still the confessor would not be justi- 
fied in practically disregarding the first opinion, for, as St. 
Alphonsus teaches, he must obey the Council of Trent in its 
decision that ordinarily a grave opus is to be imposed sub gravi 
even though the penance be slight in comparison to the number 
and heinousness of the sins. The opinion may, however, be 
used in this way. The confessor, after giving a severe penance 
sub gravi, may add a still more severe penance sub levi; if this 
latter be fulfilled by the penitent, he makes full sacramental 
satisfaction; if he neglect it, there is at least no great respon- 
sibility. St. Alphonsus notices that this is a very good way 
of dealing with weak penitents, for all good works have a satis- 
factory power and a weak penitent is thus not exposed to occa- 
sion of grave sin; at the same time what Aertnys observes is 
also to be borne in mind, namely, that in our days, owing to the 
decay of fervor, such a method is seldom to be recommended.^^^ 

The confessor may give the penance immediately after the 

1^'^ Thus, among others, Lugo. 

1^1 Thus, among others, Suarez, Fillince, Segneri, St. Alphon. 1. c, n. 518. 
192 Aertnys, Theol. Moral. Lib. YL Tract. V. De Poenit. cp. III. art. IV. 
n. 206, Q. 4. 



268 THE RECIPIENT OF PENANCE 

absolution, but it is more correct to give it beforehand, as that 
is the custom in the Church, and the proper order of justice 
requires that the penitent should show himself disposed to under- 
take his penance before absolution is given/^^ 

In concluding this article we give a list of penances which 
may be imposed according to the principles already given : — 

Attendance at holy Mass, the Rosary or the Stations of the 
Cross (these should not be given to people who are not accus- 
tomed to the devotions, and in regard to the Stations of the 
Cross, the embarrassment that many experience in performing 
public devotions should be taken into account), the Seven Peni- 
tential Psalms, the Litany of the Saints, the Litany of Loretto 
or some other litany, the Prayer to the Five Wounds, to com- 
mend one's self to the Sacred Hearts of Jesus and Mary morning 
and evening while reciting one Our Father and one Hail Mary, 
to say every day a certain number (not too many) of short 
prayers — e.g. to say the Hail Mary three times morning and 
evening (St. Alphonsus used to give his penitents this penance, 
adding the invocation ^^My Mother, preserve me from offending 
God this day," and when the penitents were not accustomed to 
this form of devotion he used at least to recommend it), to ex- 
amine the conscience daily and to excite acts of contrition, to 
read some short extracts from a pious book approved by the 
confessor, such as the Imitation of Christ, to make a meditation, 
or after reading carefully some subject such as the Four Last 
Things or the Sufferings of Christ to reflect upon it for a short 
while, to devote a short time every day to eliciting acts of 
Faith, Hope, and Charity, to hear sermons, to receive the Sac- 
raments on certain fixed days, to renew the resolutions made 
at the last confession, not thoughtlessly but with all earnest- 
ness, and to hold to them steadfastly now in honor of the Sacred 
Heart, at another time in honor of the Blessed Virgin, and again 

198S. Alph. 1. c. n. 514 (in fine). 



IMPOSITION OF PENANCE BY THE CONFESSOR 269 

in honor of some one among the saints with a petition for their 
help, to make some ferA^ent ejaculation every time the clock 
strikes (when the confessor gives this or similar practices as a 
penance he might remind the penitents to make up the number 
of times missed if by chance they forget it). 

Fasting (though this should be very seldom given and then 
only with great caution) or an occasional mortification at meal 
time; to refrain from some particular dish, or from wine or other 
intoxicating liquor, either for a fixed period or a certain number 
of times; still more prudence is to be exercised in imposing 
other bodily mortifications — indeed they should be permitted 
only with great reserve — praying with arms extended (unseen, 
of course, by others), to pray on bended knees, to rise at a fixed 
hour in the morning, to avoid unprofitable conversation, etc., 
to give alms, to visit the poor and the sick, to help them, and to 
do lowly offices for them, etc.^^^ 

^ATiich of these penances should be imposed is a matter de- 
pending on the sins and disposition of the penitent. The choice 
of penance is an affair of considerable moment with regard to 
the well-being and reformation of the penitent, and it is a neg- 
lect of dut}^ to impose on every occasion without distinction the 
recital of a prayer. 

In addition, the confessor should observe the wholesome 
advice which has been given by men distinguished alike for 
sanctity and learning. 

St. Antoninus wTites : ^^^ '' The priest should give such a pen- 
ance as he thinks the penitent will perform. If a man, after 
accusing himself of grave sin, declares that he cannot do a severe 
penance, the confessor must reason with him, pointing out the 
gravity of his offenses and the severe punishments he has de- 
served, and after that give him some penance such as he can be 
persuaded to undertake; and if the priest does not obtain per- 

^^* Gurv-Ballerini, 1. c. Appendix, n. 535. Cf. Aertnys, 1. c. n. 200; 
Lehmkiihl, 1. c. u. 368. i95 Suninia Theol. P. III. tit 17, s. 20. 



270 THE RECIPIENT OF PENANCE 

feet suecess, he may rejoice, at least, that he has rescued a soul 
from hell if not from purgatory; hence, on no account, should 
he send a penitent away in despair or discouragement. It is 
better to give him a Pater Noster or some other slight penance 
and make the good works which he does or his sufferings supply 
for the rest. A man who shows real sorrow and is ready to do 
all that he ought, but declares that a heavy penance is beyond 
him should never, no matter how he may have sinned, be sent 
away without absolution lest he fall into despair." 

St. Charles Borromeo recommends the confessor to impose 
such penance as he thinks the man will do ; hence he may occa- 
sionally ask the penitent if he can perform the penance given; 
and if the latter expresses his doubts about fulfilHng it, the con- 
fessor may change the penance or make it easier. ^^^ The saint 
also appeals to St. Thomas Aquinas, who warns the confessor 
not to burden his penitents with heavy penances,^^^ for as a 
smouldering fire may be put out by heaping too much fuel upon 
it, so the feeble contrition which has only just been excited in 
the heart of the penitent may be crushed out by a severe penance, 
and despair may be the consequence. Hence it is better to 
point out to the penitent what a big penance he deserves and to 
give him a smaller one such as he will be ready to fulfill, by which 
he will accustom himself to the bigger one which the confessor 
would not have ventured to impose. 

Finally St. Alphonsus ^^^ may be heard on this subject : ''How 
imprudent is the conduct of those priests who give penances 
which they foresee will never be done. Oh, how many ignorant 
confessors there are who thoughtlessly absolve penitents living 
in the proximate occasion of sin or in bad dispositions; and yet 
such confessors are persuaded for some incomprehensible reason 
that they are ministering to the health of souls by imposing 
heavy penances. The result is that the penitents, having agreed 

106 Instruct. Confess, cp. 20. ^^' Qiiodl. 8, a. 28 ; cf. Opusc. 65, § 4. 

198 Lib. VI. 11. 510. 



ACCEPTANCE OF PENANCE BY THE PENITENT 271 

to the penance for fear of being refused absolution, relapse again, 
after a short time, because they were never taught to adopt any 
safeguards against sin, omit the penance, and, terrified by its 
severity, keep away from the Sacrament so as to spend a great 
portion of their lives in sin." 

34. The Acceptance and Performance of the Penance by the 

Penitent. 

I. The penitent is obhged to accept wilhngly the penance 
imposed and to perform it exactly ; for as the duty devolves on 
the priest of securing the integrity of the Sacrament by giving 
the penance, the penitent is, in turn, bound to accept it and 
carry it out. 

The duty is of strict obhgation ex genere suo, so that the peni- 
tent would sin gravely by omitting a grave penance imposed 
suh gravi, or a considerable portion of it. We have already 
seen what is to be considered grave in this matter. ^^^ 

II. The penitent is obhged to perform the penance enjoined 
by the confessor, but no limit of time is determined within which 
it must be done. An unreasonably long delay, however, might 
easily become a grave matter. 

To determine how far delay may involve grave sin we must 
take into consideration whether time is a substantial element 
in the penance. For example : (1) whether the confessor has 
fixed a day and of set purpose, for the appointing of a day does 
not always imply a fixed intention on the confessor's part; 
indeed, generally speaking, it is not a mortal sin to postpone a 
fast appointed for Friday to the following Saturday.^"^ (2) If 
some work has been prescribed to be done within a given time 
after the confession, and it is the intention of the confessor that 
there should be no interruption, its omission, even for one day 
if it amount to a materia gravis, may be a mortal sin, unless 

199 S. Alph. 1. c. n. 517. 200 §_ Alph. 1. c. n. 521. 



272 THE BECIPIENT OF PENANCE 

the confessor has given leave to substitute one day for another 
or where his consent to a change may be fairly presumed. (3) If 
the postponement of the work imposed reduced the penance to 
little or nothing, as, for example, if the confessor enjoined on 
the penitent to approach the Sacraments in a week and the 
penitent put it off for a month ; to delay the weekly commimion 
for a day or two or the monthly commmiion to a period not 
longer than a week would, apart from other considerations, 
amount only to a venial sin.^^^ 

There is no mortal sin in putting off the penance even for a 
considerable time as long as the time fixed for its performance 
is not a substantial part of the work imposed. A delay of six 
months would, according to St. Alphonsus, certainly constitute a 
mortal sin; the great factor in determining the gravity of the 
offense will be the danger of forgetting the penance or of being 
unable to carry it out.^^^ 

If a penance is enjoined which has to be performed daily for 
a considerable period, and which is also a work prescribed by 
the commandments of the Church, it may be presumed that the 
confessor never intended a double performance of the work un- 
less he expressly declared such an intention. On the other hand, 
if it is enjoined once or twice or even oftener without indicating 
any special day, the penitent cannot satisfy the double obHga- 
tion by the one act ; for example, a man who is told to hear Mass 
three times cannot satisfy by making one of the Masses the 
Sunday Mass of obHgation, unless this be expressly granted by 
his confessor, nor would he fulfill his duty by hearing three 
Masses simultaneously, because such would never be the inten- 
tion of the confessor. If, however, a man is enjoined to hear 
Mass daily, he is not obliged to hear two Masses on Sundays.^^^ 

201 S. Alph. 1. c. n. 521 ; H. A. n. 57 ; Mazzotta, 1. c. Tract. VI. Disp. I. 
Q. V. cp. 2. 

202 Lugo, 1. c. Disp. 25, Sect. 5, n. 92 ; Sanchez in decalog. \, 4, c. 10, n. 21 ; 
Elbel, de Poenit. n. 229. 

203 Mazzotta, 1. c. ; Gury XL n. 535 ; S. Alph. H. A. n. 57. 



ACCEPTANCE OF PENANCE BY THE PENITENT 273 

If the penitent has certain prayers to say for his penance, they 
may be recited during a Mass of obhgation, for the two duties 
may be fulfilled at the same time unless the confessor rule it 
otherwise. It is a useful and excellent practice to remind the 
penitent that he may say his penance during the time of Mass, 
especially if his circumstances be such that he can hardly com- 
mand other available time.^*^^ 

If the penitent fails to perform his penance within the pre- 
scribed time, he is not on that account freed from the obligation 
of accomplishing it ; for the confessor intends first the penance, 
then the time-limit, and the latter is fixed non ad finiendam sed 
ad urgendam ohligationem. 

Even when the penitent has fallen into mortal sin, he may 
still perform his penance and so satisfy his obhgation in that 
matter, but he does not obtain the fruits of satisfaction. When 
the penitent does what he has been told he fulfills substantially 
his duty; the manner or mode of fulfihing it (namely, in the 
state of grace) does not come under the command. By the fact, 
however, of not being in the state of grace his works cannot be 
de condigno satisfactory, and so cannot merit for him the release 
from temporal punishment. It is certain that no new mortal 
sin is contracted by a penitent who performs his penance in a 
state of mortal sin, though, according to a probable opinion sup- 
ported by St. Alphonsus,^"^ there is a venial sin in consequence 
of the hindrance offered to the effects of the Sacrament. Some 
theologians ^"^ also teach that when such a penitent regains the 
state of grace {ohice remoto) the penance effects satisfaction and 
remission of temporal punishment ex opere operato, and this doc- 
trine is valde pwhahilis. 

In addition to the sacramental satisfaction the penitent should 

204 Lehmkuhl, 1. c. n. 364. 

205 Lib. VI. n. 523. 

206 Suarez, De Poen. Disp. 38, s. 8, n. 5 ; Lugo, 1. c. Disp. 25, s. 3, n. 39 ; 
Laymann, Theol. Mor. Lib. V. Tract. VI. cp. 15, n. 15; Lacroix, Theol. 
Mor. Lib. VI. P. II. n. 1215, and many others. 



274 THE RECIPIENT OF PENANCE 

undertake some penance on his own initiative, especially where 
that enjoined by the priest is small with regard to the gravity 
of the sin. This extra-sacramental satisfaction will be supple- 
mented by the prayer in which the Church, in virtue of the merits 
of Christ and His saints, confers on extra-sacramental works the 
power of reducing the debt of temporal punishment. 

35. The Commutation of the Penance. 

If, for some good reason, the penitent discovers that the pen- 
ance is too severe, he should mention the circumstance to his 
confessor that he may change it ; and if the penitent has under- 
taken a penance which later on presents great difficulties in its 
fulfilment, he should consult some priest equipped with the neces- 
sary powers for a commutation. 

But there should be a good reason, and not mere weakness, 
sensuahty, or laziness, which usually counsel avoidance of all 
severity and self-conquest or sacrifice for God and the good of 
one's soul. Self-love and self-indulgence easily persuade us that 
what is difficult is impossible, and we have seen that the very aim 
of penance is to punish in the strict sense of the word ; it ought 
to be both a chastisement and a means of salvation. If the 
penitent • shrinks from the penance and asks for a mitigation, 
the confessor should in all kindness consider the motive and act 
accordingly. If he can find no sufficient reason but only a pre- 
text of self-love and self-indulgence, he must tell the penitent 
so and endeavor to persuade him to undertake the penance, 
otherwise absolution cannot be given. ^Vhen the petition is 
reasonable the penance may be changed. 

A reasonable penance cannot be declined by the penitent 
without his incurring thereby grave sin, for when once he 
has submitted his case to the confessor he ought to abide by 
the latter's decision, since the law of God requires that the con- 
fessor should inflict a suitable penance and that the penitent 



THE COMMUTATION OF THE PENANCE 275 

should accept it.^°' There is, however, a great difference between 
refusing a penance and asking for its mitigation. Under no 
circumstances may the penitent himself change the penance, 
even for a work objectively more perfect, for the sacramental 
satisfaction must be imposed by the minister of the Sacrament, 
and the penitent has no right to annul or commute on his own 
authority the sentence pronounced by the judge. 

If, now, the penitent is convinced on sufficient grounds that 
the penance is exorbitant and he cannot persuade the confessor 
to make it easier, he is at hberty to go away without absolution 
and present his case to another priest, repeating, of course, his 
confession.^"^ If, however, his grounds are defective, he may 
easily incur a venial sin by such procedure.^^^ A really well-dis- 
posed penitent, therefore, will hardly incur grave sin if, conscious 
of his weakness, he objects to a penance as too hard and seeks 
absolution from another confessor, so long, of course, as he does 
not seek out one who is known for his criminal laxity. 

If a man after absolution finds the penance too difficult of 
performance, he may get it changed either by the same priest 
or by another. 

This commutation can be made only in confession, in virtue 
of the absolution which has been already given or is to be given, 
for it is only the absolution by which an effect ex opere operato 
can be produced in the penitent, and it is the absolution which 
gives the satisfactory efficacy ex opere operato to the penance 
which has been or is to be imposed.^^" 

Hence the confessor immediately after the absolution can 
certainly change the penance because, morally speaking, the 

207 Mazzotta, 1. c. Q. 5 ; cf . 2 Suarez, 1. c. Disp. 38, s. 7. Lugo, 1. c. Disp. 
25, n. 68, says that this doctrine is verum et certum, and is a direct conse- 
quence of the teaching of the Council of Trent (Sess. XIV. cp. 8) ; cf. 
Elbel, 1. c. n. 227. 

208 S. Alph. 1. c. nn. 515, 516 ; Mazzotta, 1. c. 

209 Lugo, 1. c. n. 77. 

210 Lugo, De Poenit. Disp. 25, nn. 107-110. Cf. Disp. 15, n. 107. 



276 THE RECIPIENT OF PENANCE 

judicial action is still in progress. Though some theologians 
extend this power (of changing the penance in virtue of the ab- 
solution imparted) over two or three days, the preference is to be 
given to the opinion of St. Alphonsus,^^^ who restricts the period 
to the time immediately after the absolution, for, as a matter of 
fact, the judicium sacramentale is then completed. If, however, 
the penitent and confessor are of the other opinion, which is not 
devoid of extrinsic probabihty, they may act upon it, since it is 
not a question of an essential part of the Sacrament; if there 
were question of the essence of the Sacrament, an injury w^ould 
be done both to the Sacrament and its recipient by following a 
doubtful opinion. ^^^ 

Any other priest can commute the penance only in virtue of 
a new absolution which he himself gives. 

The question now arises whether the penitent ought to repeat 
his confession with a view to obtain another penance. If he 
applies to the same confessor, he is certainly not obliged if the 
latter retain some notion m confuso of the penitent's conscience; 
if the penitent goes to another priest, according to an opinion 
considered as probable by Laymann, Lugo, Sporer, he is ex- 
empt from the obhgation of repeating his confession, because 
it is not upon the sins that judgment is to be passed, 
but upon the reasons for changing the penance, whether, for 
instance, the penitent is unable to perform it or whether the 
penance itself is too severe. Moreover, the confessor may follow 
this method with a safe conscience, though it is more advisable 
for him to adopt the practice advocated by other theologians, 
notably Suarez, Lugo, Laymann, Sporer, and Lacroix, of get- 
ting the penitent to give at least an outline of the previous con- 
fession in order to have an approximate knowledge of the state 
of his soul.^^^ 

211 L. c. n. 529, dub. III. 

212 Lehmkuhl, 1. c. n. 366. 

218 S. Alph. 1. c. 11. 529, dub. I; Aertnys, 1. c. n. 213, Q. I; Muller, 1. c. 
§128. 



THE COMMUTATION OF THE PENANCE 277 

The view held by many theologians is also probable, that 
when a confessor sees that a penance has not been performed 
by a penitent, and that no likelihood exists of its performance^ 
he may commute it for something else, though unasked by the 
penitent. 

When, however, a penance has been inflicted for some reserved 
sin by a constitutional Superior, no inferior may commute it, 
for authority in such cases is withdrawn from the inferior tri- 
bunal. Exception is made where the penitent would have great 
difficulty in approaching the Superior and when urgent reasons 
call for a commutation. This is the teaching of St. Alphonsus 
and some other theologians against the supporters of the stricter 
doctrine.^" 

There still remains the question what the penitent is to do 
when he has forgotten the penance. According to the common, 
and perhaps also the more probable, opinion, he is not obliged to 
repeat the confession of even the graver sins, and the duty of 
performing the penance simply lapses (ad impossibile enim nemo 
tenetur) ; nor is there any obligation to confess again sins already 
directly remitted with a view of securing the integrity of the 
Sacrament, for that would be a grievous burden. If, however, 
the penitent thinks that the confessor remembers the penance, 
and he can reach him without difficulty, he is, as theologians 
rightly affirm, obhged to ask his confessor to give him his pen- 
ance, for there is no grave impediment in this case to the per- 
formance of the penance. ^^^ 

In this connection we must note that: 1. When a man for- 
gets the penance enjoined, and has a conviction that the penance 
was a certain work, he is bound to do that work, for whoever is 
certain about his obhgation is obliged to do what is probably 
of obhgation if he cannot fulfill what is certainly of obligation.^^^ 

214 S. Alph. 1. c. n. 529, dub. II; H. A. n. 61. 

215 S. Alph. 1. c. n. 520 ; H. A. n. 59. 

216 H. A. Tr. 6, n. 33, in fine. 



278 THE RECIPIENT OF PENANCE 

2. When a penitent confesses that he has not performed the 
penance but has said the prayers prescribed out of devotion 
without thinking of the penance, he has satisfied his obhgation, 
and the confessor cannot insist on the performance of another 
penance; for a man is supposed to do first that to which he is 
bound.^^^ 

217 S. Alph. H. A. n. 58 ; Theol. Mor. Lib. III. n. 700, Q. 2. 



Paet III 

THE MINISTER OF THE SACRAMENT 

In the preceding chapters which dealt with the actus poeni- 
tentis, we have aheady had occasion to consider the office of the 
minister of the Sacrament. The functions of the confessor con- 
sist mainly in absolving according to the intention of Christ. 
In treating of this important and difficult subject, w^e shall fol- 
low the most approved theologians, distinguished alike for 
learning and sanctity, so as to avoid on the one hand an exten- 
sive mildness and on the other a severity fatal to the salvation 
of souls. 

Section I 

THE POWERS OF THE CONFESSOR 

36. Orders, Jurisdiction, Approbation. 

1. The proper minister of the Sacrament of Penance is the 
priest. Penance being a Sacrament, it is self-evident on Catholic 
principles that its minister must have the sacerdotal character, 
the power of Orders {potestas ordinis) . This power springs from 
the priestly character and consists in the capacity of valide per- 
forming the sacred rites instituted by Christ, so that they are 
an efficacious means of grace.^ 

The Sacrament of Penance is, moreover, in its dispensation 
essentially judicial. The minister of the Sacrament is judge 
over the soul ; hence he must have in addition to Holy Orders 
the power of spiritual jurisdiction {potestas jurisdictionis) . 

1 Lehmkuhl, 1. c. Sect. III. cp. I. art. I. n. 369. 
279 



280 THE MINISTER OF THE SACRAMENT 

Thus for a valid absolution there are required both potestas 
ordinis and potestas jurisdictionis. 

Jurisdiction in general is public authority in its completest 
sense, and thus includes the power of directing subjects. In its 
more restricted sense it is the power of judging right and wrong 
and of pronouncing sentence. It answers perfectly to the power 
exercised in the Sacrament of Penance (in foro interno). Hence 
jurisdiction in foro sacramentali is the power by which a priest 
can pronounce sentence on those subject to him by remitting or 
retaining sins. 

What, then, is the relation existing between the potestas ordinis 
and the potestas jurisdictionis f The priestly character conveys 
no jurisdiction with it; it may exist without any jurisdiction.^ 

2. It is a peculiarity of this potestas ordinis that the exercise of 
it without the Church's commission is not illicit only, but invalid. 
Hence, while in the other Sacraments jurisdiction is extrinsic to 
the exercise of power and only regulates it, in the Sacrament 
of Penance the jurisdiction is an intrinsic condition, because the 
exercise of the power of this Sacrament is essentially a judicial 
act and involving jurisdiction. 

3. Jurisdiction, though not conveyed by Orders, is derived 
from God, but through the hands of the Church, i.e. by delega- 
tion from those who are invested with that jurisdiction. Hence 
all priests besides the Pope, who receives it immediately from 
God, owe their jurisdiction to the Church; thus priests receive 
their jurisdiction from the bishops, the bishops from the Pope. 

4. We may, therefore, say that the potestas ordinis renders 
its subject capable of jurisdiction in foro interno, and of confer- 
ring the Sacrament after jurisdiction has been given, so that 
the potestas ordinis is the disposition for administering the Sac- 
rament of Penance.^ Thus it is not so much that the power of 
remitting sins judicially is given to the priest in his ordination 

2 Trid. Sess. XIV. cp. 7. s Suarez, Disp. 16, s. 3. 



OBBERS, JURISDICTION, APPROBATION 281 

as rather this, that the ordained person, when he is appointed 
judge by proper authority to take cognizance of sins, is enabled 
to remit these sins sacramentally ; in other words, he receives 
power to remit sins by a special grace. 

From the preceding it follows: (1) that the doctrine which 
teaches that jurisdiction is conveyed by ordination merely is 
false; (2) that it is also false to teach that ordination confers 
ipso facto jurisdiction, but that the Chiu"ch can restrain its ex- 
ercise and that in granting jurisdiction she does no more than 
remove her own prohibition ; (3) that it is the same thing to say : 
the Church confers jurisdiction to a priest, as to say, the Church 
assigns in foro interno certain subjects to the priest; (4) that 
one may say, the potestas ordinis which is acquired by the char- 
acter of the priesthood is the potestas inchoata to absolve, w^hile 
it is incorrect to say that the potestas ordinis is the potestas juris- 
dictionis inchoata or hahitualis; (5) that jurisdiction differs 
from the powers of Orders both in its essence and in the mode 
by which it is acquired; in its essence, since jurisdiction is the 
power of judging and binding subjects, while ordination only 
confers the power ex jure divino of acquiring jurisdiction and is 
the necessary condition that the absolution be sacramental; 
in its mode, since jurisdiction is imparted by the concession 
of the Church, while the power of Orders comes from the con- 
secration to the priesthood/ 

Jurisdiction is either ordinary or delegated (ordinaria vel 
delegata). Christ appointed judges to preside over visible tri- 
bunals in His place and in His name, with authority, vicarious, 
it is true, but ordinary {aiictoritate quidem vicaria at ordinaria), 
that is, an authority emanating from the office to which they 
were appointed by Christ. These judges are the Apostles and 
their successors, the Pope, therefore, and the bishops, and these 
can appoint others to help them. 

4 Palmieri, Tract, de Poenitentia, cp. II. Thes. XYI. p. 172 ss. 



282 THE MINISTER OF THE SACRAMENT 

Thus whoever in virtue of a pubhc, ecclesiastical office exist- 
ing of divine right has subjects over whom he rules and is judge, 
exercises jurisdiction in the Sacrament of Penance potestate 
ordinaria; others exercise this function potestate delegata vel a 
proprie dictis Superiorihus communicata ; hence the latter are 
dependent on their Superiors in the exercise of their powers 
quoad liceitatem et quoad valorem. 

Although any one with potestas ordinaria can impart it to 
another, the Supreme Authority of the Church on which de- 
pends all valid exercise of jurisdiction has so ordered it that no 
one may exercise delegated jurisdiction in the tribunal of pen- 
ance — at least with regard to lay people — w^ithout having 
previously received episcopal approbation; hence the delega- 
tion by those who are subject to the bishop and have powers 
of delegation is as a rule quite useless. Indeed, it is now the 
custom generally to give approbation and jurisdiction at the 
same time; nevertheless, cases might occur in which the dis- 
tinction must be observed. 

Approbation m se is nothing more than a formal declaration 
that a priest is a suitable person (aptus) to exercise sacramental 
jurisdiction; his fitness or capacity for the w^ork is judged by 
his science and morals. Approbation cannot be given licitly 
unless the fitness of the subject is ascertained or reasonably 
presumed, though its validity is not affected by the want of this 
fitness; but the Superior ought to withdraw his approbation 
when the subject is unfit. The Council of Trent interprets the 
phrase Public Approbation not only as a testimonium auctori- 
tativum that the priest is a fit subject to exercise jurisdiction, 
but also as the jacultas audiendi confessiones which the bishop 
grants to a priest who is considered fit for the office ; ^ for the 
Council declares that he only can hear confessions who has been 
given charge of a parish or who has received approbation. Be- 

5 Trid. Sess. XXITI. cp. 15, reform. 



ORDERS, JURISDICTION, APPROBATIOX 283 

yoncl that nothing else is demanded for the exercise of juris- 
diction^ hence approbation or the appointment to a parish is the 
only condition required for hearing confessions. Moreover, in 
papal constitutions the approbation is called licentia or facultas 
audiendi confessiones , and in common speech an approved priest 
is one who has jurisdiction.^ All this is in perfect agreement 
with the practice of bishops, who usually grant jurisdiction along 
with approbation.^ 

6 Ben. XIV. De Syu. Lib. 9, cp. 16, n. 7; Instit. n. 14 ss. et Instit. 86; 
S. Carol. Borrom. Cone. Provinc. I. part 2 et VI. part 3, etc. 
' BaUerini, Op. Theol. Mor. 1. c. cp. 11. n. 546 ss. 



CHAPTER I 

JURISDICTION 

37. The Minister of the Sacrament with Ordinary Jurisdiction. 

I. The Pope has jurisdictio ordinaria over the whole Church. 
This requires no proof. The Vatican Council decreed that the 
jurisdiction of the Pope is a real episcopal jurisdiction, imme- 
diate and extending to all the faithful. Theologians discuss 
at length — ■ and it is a question not to be omitted here — how 
it is that the Pope can give power to another to absolve him- 
self (the Pope). Lugo discusses at length that there is no con- 
tradiction in the Pope delegating to another such jurisdiction 
over himself, and still less contradiction appears when we reflect 
that that jurisdiction in foro sacramentali, though exercised and 
delegated by the pastor of the Church, is always exercised in 
the name of Christ ; nor is there anything absurd in the fact of 
the Pope as a private individual being subject to his own juris- 
diction in his capacity as a pubhc person. Though he cannot 
bind and punish himself, he may subject himself to another and 
share in the graces and privileges of the Church, otherwise he 
could not obtain absolution at all.^ 

II. By divine right, the bishops exercise potestas ordinaria in 
their own dioceses, even in foro interno, subject, of course, to 
the authority of the Pope. Although every bishop receives his 
jurisdiction from the Holy See, the episcopal office is one of 
divine right and confers a definite jurisdiction, a very important 

8 Cf. Palniieri, 1. c. Thes. XVI; Lehmkuhl, 1. c. Sect. III. cp. I. art. II. 
n. 374. 

284 



ORDINARY JURISDICTION 285 

section of which is the jurisdiction in foro sacramentali. As long 
as a bishop remains in office and in the exercise of it, he cannot 
be deprived of the power of absolving his subjects, though this 
power may be limited by reservations imposed by the Pope. A 
bishop may also, for grave reasons, be deprived of his office, or 
the exercise of it may be forbidden, or his jurisdiction taken 
away ; and such is the effect of certain ecclesiastical censures. 

III. By ecclesiastical law, all vicars-general, and sede vacante 
vicars-capitular, have the same jurisdiction as the bishop over 
his diocese in foro interno. The jurisdiction, however, of the 
vicar-general is wholly dependent on that of the bishop, hence 
the saying: Episcopi morte moritur Vicarius generalis; and he 
has no other faculties than those which the bishop has attached 
to his office. If, for instance, a bishop by a special privilege of 
the Holy See has more extended faculties, these do not pass to 
the vicar-general unless the bishop transfers them to him with 
leave from the Holy See. During the vacancy of the episcopal 
see, the whole of the bishop's faculties, with a few exceptions, 
are transferred to the vicar-capitular or administrator. 

IV. By the law of the Church, parish priests have jurisdictio 
ordinaria over their parishioners, and their power is measured 
by what the Church imparts to them as the constituted assist- 
ants of the bishop. In relation to their own parish they are 
pastores proprii, having only administrative power in foro externo, 
but in foro interno plena jurisdictio subject, of course, to such 
limitations as may be imposed by the Pope or their bishop. By 
his appointment (collatione) to a parish a priest acquires the 
right of hearing the confessions of his subjects. Nevertheless, 
the bishop has the right of examining his clergy periodically to 
make sure of their fitness to hear confessions.^ 

^ Benedict XIV, Notificatione 9, n. 16 ; Scavini, 1. c. Tract. X. Disp. I. cp. 
4, n. 98, nota 229. Cf. Deer. S. C. Concil. quoted by Scavini. The same 
author goes on to observe that by a decision of the Rota a causa sufficiens 
for a new examination may be libitum et sola quies episcopi when there is 



286 THE MINISTER OF THE SACRAMENT 

V. The Cathedral Penitentiary has also ordinaria jurisdictio for 
the whole diocese in places where the office is established, and 
he may absolve all belonging to the diocese, even outside the 
boundaries of the diocese ; ^^ and this power is secured to him, 
not by any concession from the bishop, but by a law passed by 
the Council of Trent." 

VI. Others may, also, in virtue of the Church's law, acquire 
jurisdictio ordinaria, and as a matter of fact it is enjoyed by Pre- 
lati regulares with respect to their subjects, by Legates over their 
province. That of Cardinals over their churches is confined to 
very narrow hmits. Those are regarded as subjects who have 
domicile or quasi-domicile within the parish or diocese; hence 
the jurisdiction of bishops and parish priests is primarily local 
and secondarily personal ; that is, it extends to those who have 
their dwelling in a definite place. On the other hand, the juris- 
diction of Regular Prelates is chiefly personal, and is confined 
to definite local hmits only secondarily. 

Since the Council of Trent excepts from the further appro- 
bation of the bishops only those priests who are in charge of a 
parish, a difficulty may occur as to the jurisdiction of priests 
who have no parish, but who exercise a definite cura spiritualis 
over certain subjects. We must inquire first of all into the 
faculties which the Holy See has annexed to such offices, for 
since the Council emanated from the Holy See the latter is em- 
powered to make exceptions. The question is of peculiar inter- 
est with regard to mihtary chaplains, as to whether they can 
hear the confessions of soldiers in garrison without the appro- 
question of priests who have been examined by his predecessors; as for 
those whom he has himself examined, he is justified in calling them to 
account again quando adest vehemens suspicio de illoruin hnjyeritia, nor is it 
necessary that judicial proof of this imperitia be forthcoming. Deer. 15 
Jan., 1667 et 22 Sept., 1668. Cf. Bened. XIV, De Synod, dioec. 1. 13, cp. 9, 
n. 21. 

10 Scavini, 1. c. n. 98, nota 230; S. Alph. 1. c. nn. 555-558 ; II. A. n. 81. 

11 §ess. XXIV. cp. 8 de reform. 



OBDINARY JURISDICTION 287 

bation of the bishop of the diocese. No general rule can be laid 
down for all cases. Wherever a regularly appointed army-bishop 
or even a Capellanus major exists, he generahy receives the fullest 
faculties, not only for hearing the confessions of the soldiers 
himself, but also for appointing other priests or chaplains to 
that duty without consulting the bishop of the diocese ;^^ other- 
wise no mihtary chaplain may hear the confessions of soldiers 
in garrison without special powers from the Pope or the per- 
mission and approbation of the Orchnary.^^ Thus their faculties 
are confined to the soldiers when on the march or in camp. 

All who have jurisdidio ordinaria can receive the confessions 
of their subjects and absolve them wherever they happen to be, 
for such jurisdiction belongs to their office and accompanies 
them everywhere. Thus a parish priest can always hear the 
confessions of his parishioners whether he be within or beyond 
the bounds of his parish and diocese or not. A curate, chaplain, 
or other assistant priest cannot receive confessions outside the 
diocese, even if he have faculties for the whole diocese ; to do so 
he would have to apply to the bishop of the diocese in which 
the penitent happens to be. 

De jure a parish priest is approved only for the territory of 
his benefice "pro suo tantum oppido uhi sita sit parochialis eccle- 
sia,^^ according to the decrees of the S. C. C.^^ He may not, 
therefore, when in another chocese, hear the confessions of 
strangers (who are not his own subjects) without leave of the 
bishop of that diocese. Indeed, per se, he may not hear the 
confessions of strangers in another parish even of his own diocese. 
At the present day, how^ever, it is the practice sanctioned either 
by law or by custom that parish priests and their curates may 
hear confessions anywhere within the diocese. ^^ 

12 Scavini, 1. c. n. 231 ; Benedict XIV, Quoniam, 28 Maj., 1746. 

13 Acta S. Sed. Vol. I. p. 681, Rnsp. 6 Mart, 1694, 29 Jan., 1707, in Frising. 
1* Bonix, De Parocho, p. iv. cp. 14. 

1° Gobat, 1. c. Tract. 7, n. 45 ; Gury, Ed. Katisb. not. ad n. 552. 



288 THE MINISTER OF THE SACRAMENT 

In his own parish a parish priest may hear the confessions of 
any one who approaches him, even strangers, since he is the 
approved confessor in his own parish. 

Jurisdictio ordinaria is lost : (a) by loss of the office or bene- 
fice to which it is attached; (5) by excommunication or suspension 
if the censure carries the stigma ^'vitandus.'^ Other excommu- 
nications or suspensions impede only the licit exercise (licitus 
usus) of the powers. 

38. The Minister of the Sacrament with Delegated Jurisdiction or 

Approbation. 

I. All priests who have not jurisdictio ordinaria, but act only 

ex jurisdictione delegata, require for the hcit and valid exercise of 

their office the approbation of the bishop of the place where they 

hear confessions, unless they enjoy some special privilege from 

the Holy See. The Constitution of Innocent XII, 9 Apr., 1700, 

''Cum Sicut," is very explicit in this matter, as is also that of 

Innocent XIII, 23 Sept., 1723, ''Apostolici muneris," which 

was confirmed by Benedict XIV in his Constitution, 5 Aug., 

1744, ''Apostohca indulta," in the following words: ''No priest, 

whether secular or regular, may hear confessions without the 

approbation of the Ordinary of the diocese where the penitent 

dwells or sojourns, and it is expressly decreed that all privileges 

to choose a confessor from the clergy approved by the bishop 

are to be understood only as giving powers to choose any one 

approved by the bishop of the place where the confession is 

made."^^ 

1^ After the Council of Trent, a lengthy controversy arose among the 
theologians as to which bishop ought to give the approbation to the con- 
fessor; many thought it was the confessor's bishop, others the penitent's; 
with regard to exempted Regulars, it seemed probable that a single appro- 
bation, without restrictions from any bishop at all, was sufficient, since they 
are not the subjects of the bishops ; this had been granted by Clement YII 
and Sixtus V; moreover, Gregory XITT gave Religious, when on a jour- 
ney, the power of hearing confessions, provided they had the sanction 
of their Superior and approbation from any bishop ; this privilege, how- 



DELEGATED JURISDICTION 289 

Since the conferring of approbation is not an act of the Ordo 
episcopalis but of episcopal jurisdiction, all who have ordinary 
episcopal jurisdiction can grant approbation, thus : (1) the bishop 
elect and confirmed, though not yet ordained; (2) the vicar- 
general since he exercises the jurisdiction of the bishop; (3) the 
vicar-capitular sede vacante, since he succeeds to the jurisdiction 
of the bishop; (4) vicars-apostoUc who are appointed by the 
Pope in place of bishops ; and (5) abbots who are not affiliated 
to a diocese. 

The bishop may insist on an examination before granting 
approbation, though he may dispense with it since there are 
other means of ascertaining the fitness of a priest for hearing 
confessions/^ Any priest whether secular or regular may be 
called on again for examination by the bishop, if the latter has 
not approved the candidate himself, although a former bishop 
may have done so. A confessor even approved by his own 
Ordinary may be examined if he has received approbation with- 
out undergoing examination. Those, however, whom the bishop 
has approved after an examination may not be reexamined 
without a justa causa}^ A bishop sins by refusing approba- 
tion to a competent priest, for all priests have a claim to 
approbation in virtue of their sacerdotal character, so that to 
deny it to a suitable candidate would be an infringement of his 
rights. 

The approbation which is necessary for a valid absolution 
may not be presumed; it must be actually conferred and made 
known to the priest ; for since there is question of the validity of 
an act, only the faculties which the bishop has really conferred, 
not those which he will grant, can be considered. Hence when 
a priest applies for faculties he cannot hear confessions till he 

ever, was not to be made use of in the towns or places where tlie bishop 
was actually residing, without the latter's perinission. Innocent XII, how- 
ever, withdrew all privileges contrary to his bull. S. Alph. 1. c. n. 458. 

1'' Trid. 1. c. and the Constit. " Superna," Clem. X, etc. 

18 S. Alph. 1. c. n. 552 ; H. A. 75. 



290 THE MINISTER OF THE SACRAMENT 

has received them, even when from his knowledge of the bishop 
he feels confident of receiving the faculties and knows that they 
are already on the way. The faculties may be acted upon when 
conveyed verbally by any trustworthy person/^ 

Approbation is required even before absolving from venial 
sins already confessed; after the decree of Innocent XI, 1679, 
we cannot any longer assume that the Church here suppHes 
jurisdiction to the priest. ^^ 

A bishop in traveUng may take with him any of his priests 
to accompany him as confessor; but if the priest is not a sub- 
ject of said bishop (whether by domicile or quasi-domicile), he 
may not receive the confession of the bishop unless he be ap- 
proved, as St. Alphonsus adds, by the bishop of the priest's 
domicile (Fagnani and Lugo) or, as Scavini remarks, by the 
bishop of the place; the Congregation S. C. C. decreed so early 
as 1609 that a bishop outside his own diocese might confess 
only to a priest approved ah ordinario loci (except, of course, 
when the priest is a subject of the bishop), so that Scavini's 
decision is the norm to be observed in practice.^^ 

Cardinals, papal domestic prelates, and royalty may choose 
any approved confessor and be absolved by him anywhere. 
Even in Rome itself Cardinals and bishops may choose for 
themselves and for their household any suitable priest as con- 
fessor and retain him with them for that purpose also when 
they leave the city.^^ 

19 S. Alph. 1. c. n. 570; H. A. n. 83. Lehmkuhl is of opinion that a 
priest who is convinced of the bishop's consent to his demand for approba- 
tion, may give absolution validly, but not licitly, when the paper granting 
the faculties has been signed and sent off, so that it cannot be reclaimed or 
changed except by a message directed to the priest himself, or when the 
bishop has given the paper containing the approbation to the priest's mes- 
senger, who has not yet delivered it. Lehmkuhl, 1. c. n. 380, nota. 

20 S. Alph. 1. c. nn. 543, 582; H. A. 76, 132. 

21 Confirmed by Greg. XTII, 1 Dec, 1582. 

22 Cf. S. Alph. and the other authors quoted above. Ballerini, Op. 
Theol. Mor. 1. c, Quid sit approbatio et a quo petenda, n. 546 ss. 



DELEGATED JUEISDICTION 291 

A bishop can give faculties for hearing confessions in his own 
diocese to a priest belonging to another diocese, for the latter 
in ordine ad hoc opus is subject to the bishop of the diocese 
where the confessions are heard. This is the universal practice 
in the Church. 

A parish priest cannot of his own authority give faculties to 
a priest of another diocese to hear the confessions of his own 
parishioners because the jurisdictio ordinaria which goes along 
with the benefice extends only to the parish in his own charge. 
There is a custom, however, in many places among parish priests 
in outlying districts of the diocese to authorize the priest of a 
neighboring diocese to assist them in hearing confessions. This 
custom, which is recognized by the bishops, confers jurisdiction 
ex tacita episcoporum approhatione}^ Thus many bishops have 
an expHcit agreement by which approved priests of neighboring 
dioceses may assist one another in the confessional. Those who 
supply in another diocese, however, must pay attention to the 
cases reserved to the bishop in that diocese, since for the time 
being they are subject to him in ordine ad hoc munus. 

II. Approbation may be granted without any limitations; the 
bishop may, if he wish, Hmit the approbation according to time, 
place, and persons, most certainly if the approbation include 
jurisdiction, for the whole subject is one of delegation and all 
delegation is regulated by the intention of the Superior. Even 
when approbation in the strict sense only is conferred the bishop 
may ex rationahili causa confine it within a given time, a fixed 
place, or over a certain class of persons (children, men). The 
grounds for such a hmitation might be, for instance, defects of 
abiUty, care, or study. 

III. The bishop may not only impose limits in his approba- 
tion, but he may also recall it entirely, for all delegated author- 
ity exists only at the pleasure of the Superior; reasonable 

23 Cf . S. Alph. 1. c. n. 544 ; H. A. n. 77. 



292 THE MINISTER OF THE SACRAMENT 

grounds must exist for such withdrawal if it is to be Hcit. It is 
a debated point among theologians whether withdrawal without 
any grounds is valid or not. The view that such withdrawal is 
invalid because it is an unjust deprivation of rights conferred, 
is certainly probable and maintained, among others, by Suarez, 
Lugo, and St. Alphonsus; but since it is not easy to estabhsh 
the want of just grounds the view is of but little practical appli- 
cation; the bishop may be acting upon reasons which are im- 
known to his clergy, and while doubts remain, the presumption 
is always in favor of the bishop. ^^ 

IV. When the approbation is granted for a fixed length of 
time it ceases after that period; otherwise only by withdrawal; 
when given without any Hmitations it does not cease with the 
death of the giver, nor even when the recipient changes his 
domicile. This may be considered quite certain with regard to 
Regulars who have once received unlimited approbation.^^ 

Regulars, on account of their privileges and dependence on 
the Holy See, are distinguished in many details from the secular 
priesthood with regard to jurisdiction. 

V. The secular clergy receive jurisdiction and approbation 
either from their own bishop or from the bishop in whose dio- 
cese they are hearing confessions. Regulars receive jurisdic- 
tion from the Sovereign Pontiff through their Superiors, who 
must confer the jurisdiction as from the Pope, -not like the bish- 
ops granting it on their own authority, but only as representa- 

24 S. Alph. n. 551 ; H. A. n. 75. 

25 Whenever both jurisdiction and approbation are granted on account 
of the office which the priest exercises as a subject of the bishop, they lapse 
on the office being surrendered. Hence a secular priest who has had fac- 
ulties to hear confessions in some diocese in virtue of a chaplaincy or other 
appointment, is deprived of these faculties on being changed to another 
diocese unless the bishop is distinctly understood to wish to continue them. 
The same holds true for a Religious who has received faculties from his 
local Superior; his faculties lapse when he is removed to another diocese 
and do not revive merely by his return to the scene of his former labors. 
Lehmkuhl, 1. c. n. 381, nota 1. 



DELEGATED JURISDICTION 293 

tives of the Apostolic See. Besides this jurisdiction they must 
also have the approbation of the Episcopus loci; then as far as 
jurisdiction is considered they may absolve any one.^^ 

Though all Regulars have jurisdiction from the Pope they 
cannot hear confessions without the approbation of the bishop, 
which may not be refused without just and reasonable motives; 
of these, however, the Regular is not the judge, and if he be 
refused approbation, he is effectually debarred from hearing con- 
fessions." 

Clement X imposed certain limitations on bishops with regard 
to the granting or refusing of approbation to the Regular clergy. 
He decreed :^^ — 

1. That Religious who were proved capable of hearing con- 
fessions, should be permitted by the bishop to hear confes- 
sions anywhere in the diocese without restriction of time, 
place, or person; with regard, however, to those who were 
not so well prepared the bishop should be left to his own judg- 
ment in the matter of imposing restrictions. 

2. Those who had once received approbation might hear the 
confessions of any of the faithful, even of the sick, without leave 
of the parish priest or even of the bishop, at any time of the 
year, including even Easter, within the diocese of the bishop 

26 Lehmkuhl, 1. c. Sect. T. art. III. n. 379. Gary, II De Sacram. Poenit. P. 
III. cp. I. art. II. Append, n. 557. Scavini, Tract. III. Disp. I. cp. 3, art. 3, 519. 
Aertnys on Approbation says : in sensu quo Concilium Tridentinum usurpat, 
approbatio dicenda videtur facultas audiendi coiifessiones ah Episcopo facta 
Sacerdoti qui idoneus judicatus est — and he supposes that Regulars do not, 
as many maintain, receive jurisdiction from the 'Pope. He appeals to the S. 
C. Ep. et Reg. 2 Mar., 1866, also Extrao. comm. cp. 2 de sepult ex clement., cp. 
2 de sepiilt. and Extrao. comm. cap. un. de judic, where the Pope gives juris- 
diction to a Regular only when it has been refused by the bishop, whence it 
would seem that jurisdiction proceeds from the bishop except in the cases 
where he I'efuses to give it. Still it remains to Vie proved that Regulars do 
not receive jurisdiction from the Pope through their Superiors and approba- 
tion from the bishop. Cf. Gury, Edit. Ratisb. V. in Germania, Nota Editoris 
ad n. 557. 

2' Cf. Thesis 13 abAlexand. YIl. proscript. 28 Const. Superna. 



294 THE MINISTER OF THE SACRAMENT 

who conferred the approbation; in cases where they had heard 
the confessions of the sick they should inform the parish priest, 
at least by a letter left with the sick person; the penalty for 
neglect in this matter being suspension from the right of hearing 
confessions. (The latter obligation is not enforced in missionary 
countries, where by general consent any approved priest may 
hear the confessions of the sick.) 

3. Any Regular who has been approved by the bishop after 
examination and without any restriction cannot be called again 
for examination by his bishop (this does not hold when the fac- 
ulties have been obtained from the vicar-general or the prede- 
cessor of the bishop), nor can he be suspended from hearing 
confessions; moreover he cannot even be deprived of his facul- 
ties unless for reasons connected with the Sacrament itself; the 
reasons for such objection need not be judicially proved, nor is 
the bishop obliged to communicate them himself to the Regular 
in question, but he must reveal them to the Pope if the latter 
insists on being informed of them. Hence in the whole process 
the Regular must act in submission to the bishop, and if he be 
convinced that he is treated unjustly, he may have recourse to 
the Holy See ; in the meantime, however, his attitude must be 
one of submission. 

4. Though a blameless life and unspotted morals are of the 
greatest moment in the ministers of this Sacrament ... no 
bishop can deprive a whole community of faculties on the ground 
of general unfitness, without consulting the Holy See. 

Hence we conclude : — 

1. Approbation is justly limited in the case of Religious who 
have not passed an examination. 

2. Approved Regulars may be recalled for examination: 
(a) when they have received approbation without examination ; 
(6) when after examination they have received only limited 
approbation; (c) when this approbation has been received 
from the vicar-general or the bishop's predecessor, and this 



DELEGATED JURISDICTION 295 

though the examination has been passed and unhmited approba- 
tion conferred; {d) when any reason is presented connected 
with the Sacrament itself; and this holds for those who after 
examination even have received the fullest approbation from 
the bishop himself.^^ 

Except in the case of special legislation to the contrary on 
the part of the Holy See any Religious may receive both juris- 
diction and approbation ah Episcopo loci, and at the present day 
that ib the way in which bishops understand the conferring of 
approbation. This view solves the question of the validity of 
absolution given by a Religious without the knowledge or even 
against ths will of his Superior.^'' 

Moreover, Religious Superiors may receive from the bishop the 
power of imparting faculties to their subjects; the extent of the 
faculties must, of course, be ascertained. When, for example, 
th3 bishop gives general faculties, reserved cases are not included 
even when they are not expressly excepted. ^^ When the bishop 
gives more extended faculties, as, for instance, on the occasion 
of a mission, and a Religious Superior imparts to his subjects 
these faculties for the mission, he is supposed to give all the 
faculties which he has received from^ the bishop, because he is 
then acting only as the bishop's mouthpiece unless, of course, 
he states the contrary. When, again, the bishop gives faculties 
for a special object they are not to be used for anything beyond 
that object; it is another question when some special work is 
seized upon only as an occasion for asking and giving f acuities. ^^ 

29 Lehmkuhl, 1. c. n. 382 ; cf . Gury, 1. c. ; cf . Ballerini, Op. Theol. Mor. 
1. c. cp. II. n. 583 ss. 

3<^ The case is solved by Aertnys, who quotes a decree S. C. Ep. et Reg. 2 
Mar., 1866 (Acta S. Sedis, vol. I. p. 683) : " .4n religiosus non approhatm juxta 
leges proprii Ordinis a suo Superiore vel ipso invito cum sola facultate ordinarii 
valide excipiat confessiones scecularium." R. " Affirmative." It is needless to 
say, of course, that such conduct is illicit. 

31 In accordance with the Rule of Boniface YIII, ]. 5, tit. 10, cp. 2 in 6°. 

32 Lehmkuhl, 1. c. n. 383. 



296 THE MINISTER OF THE SACRAMENT 

VI. Strangers (peregrmi), i.e. those who are not in the dio- 
cese of their domicile or quasi-domicile, may be absolved by a 
Religious without any difficulty as subjects of the Pope (from 
whom the Religious presumably receives jurisdictio delegata) ; 
they may also in virtue of an old and approved custom in 
the Church be absolved by any other confessor. This is the 
unanimous verdict of all theologians, though there is diversity 
of opinion as to the theory which justifies the practice of secular 
priests in this matter, nor is the manner of solving the question 
an indifferent matter; if, for instance, a stranger is absolved in 
virtue of the jurisdiction which his own bishop confers on the 
priest, the bishop can absolutely forbid him to seek absolution 
from a strange priest by declaring such absolution invalid ; (this, 
of course, applies to secular priests; with regard to Religious 
confessors there is no difficulty) .^^ Thus on the solution of this 
question depends the power over cases reserved in another dio- 
cese. Some theologians now maintain that the jurisdiction of a 
priest over a stranger is based on the tacit consent ^^ of all the 
bishops, while others hold that it is a universal custom of the 
Church having the force of law.^^ But neither the consensus 
Episcoporum, nor consuetudo, even when the latter has the force 
of law, can convey jurisdiction if we are to follow the teaching 
of the Church; we must suppose, then, that the propounders of 
such a view meant to state it thus : the Church, i.e. the Pope, 
either makes the Episcopus loci an Episcopus peregrincrum, or 
he delegates his own jurisdiction to all confessors. Since the 
first view is hardly possible, they are forced to the conclusion 
that the Pope, either by express or legal consent to the universal 
custom, grants to all approved confessors a delegated jurisdic- 

83 Cf. Gary, 1. c. n. .5.55, Q. 13, Edit. Roman. Whether a bishop can forbid 
his diocesans to make their confessions outside his diocese under pain of 
invalidity. 

®^ Gury, cf. 1. c. Edit. Ratisb. ad nn. 554, 555, also Nota Edit. 

8^ Cf . S. Alph. L c. n. 569 : spectato consensu Episcoporum et consuetudine. 



DELEGATED JURISDICTION 297 

tion to absolve strangers. It is beyond all doubt that this view 
is probable especially when we add the weight of St. Alphonsus' 
authority. The case, however, is not quite certain, for the exist- 
ence of the custom seems to prove no more than that the bishops 
themselves as a rule give a tacit consent to the arrangement, and 
it does not prove that the bishops are obliged to agree in ever,y 
case to this arrangement, or that their power over a subject is 
w^ithdrawn by the fact of his occasionally leaving the diocese; 
and it still remains to be proved that the Pope so entirely 
approves of the practice as to consent to break through the 
natural order of things by which all authority is communicated 
through immediate Superiors, not directly from the fountain- 
head; at the same time it is beyond all question that the Pope 
can if he so wishes empower any secular priest to hear the con- 
fessions of peregrini; and if a bishop were without any pressing 
reason to forbid his subjects to confess outside their own diocese, 
the Holy See could always be petitioned to apply a suitable 
remedy for such a prohibition, since under the present condition 
of things there must always be many people living outside of 
their own diocese. ^^ 

Other theologians teach that peregrini by the very fact of 
presenting themselves at the tribunal of penance in another 
diocese become subjects of the Episcopus loci or of the priest 
who derives his faculties from him, and this ex universali con- 
sensu quern P. M. Eugenius IV approhavit.^'^ But does the wish 
to receive the Sacrament make the peregrinus a subject of the 
bishop or the bishop his superior? Whoever maintains this 
and grants that the Episcopus loci is not the bishop of the pere- 
grinus, states in other words that one who is not actually a 
superior may be judge in foro interno. But is such a statement 

36 Zeitschrift fur kathol. Theol., Innsbruck, 1881 ; Lehmkuhl, 1. c. n. 385. 

37 See Muller, 1. c. § 135, n. 5. Miiller also appeals to St. Alphonsus; 
Lugo, Disp. 20, Sect. 5, nn. 70, 72 ; Suarez, De Poenit. Disp. 30, Sect. 1, m 4 ; 
and many others. 



298 THE MINISTER OF THE SACRAMENT 

in accordance with divine right? In any case the peregrinus 
remains the subject of the bishop of the diocese inwhichhehas 
domicile or quasi-domicile, and no proof can be adduced that 
the bishop of the place in which the peregrinus makes his con- 
fession has, by virtue of his office, power to absolve him ; he can 
do that only when he is superior in right of his office, and he can 
be superior only when he is the bishop of the peregrinus, since 
human and divine law recognize no other ecclesiastical supe- 
rior than Pope, bishop, parish priest, or their substitutes. But 
no one would maintain that the Episcopus loci is the true 
bishop of the peregrinus. 

Finally, other theologians explain the jurisdiction of the sec- 
ular priest over peregrini in this manner : that the bishop of the 
peregrinus grants tacitly the faculties to every approved priest and 
is generally obliged to do so.^^ The ecumenical synods of Flor- 
ence, Trent, and the Lateran declare that the absolution granted 
by any other than one's own Ordinary is invalid unless leave be 
obtained from him. Now such a permission is either a direct or 
indirect imparting of jurisdiction; hence every absolution is in- 
valid which is given without jurisdiction from the bishop of the 
penitent. It is on this ground that theologians and canonists 
alike, whether of the older or more recent school, insist upon 
the necessity of a consent on the part of the Superior or bishop 
of the penitent in the case of confessions made 'outside his own 
diocese. Ballerini (1. c. Dissert, n. 33 ss) concludes his learned 
investigation of this question in answer to the objections of the 
VindicicB Alphonsiance with the following propositions, which 
are not mere speculative conclusions, but are in fact the teach- 
ing of the Church, resting as they do on the very essence and 
nature of the Sacrament as solemnly explained and defined by 
the Holy See and ecumenical councils : (1) in order to absolve 

38 Cf. Ballerini, Notge ad Gury, 1. c. ad n. 555, Q. 14 ; Ballerini, Op. Theol. 
Mor. vol. V. 1. c. cp. II. nn. 613-627, Appendix-Disserlntio : De absolutione 
pereg^-jj^prjjiD; pp. 769-855, and Lehmkuhl, 1. c. nn. 379 et 384. 



DELEGATED JURISDICTION 299 

a peregrinus, faculties must be granted by one who has ordinary 
jurisdiction over the penitent; (2) the existence of the custom 
of absolving peregrini outside their diocese neither conveys nor 
can convey the necessary jurisdiction; (3) jurisdiction is given 
by approbation or consent (express or tacit) or leave (implicit 
or explicit) of the Ordinary or of the particular pastor of the 
peregrinus; (4) this approbation or consent includes the im- 
parting of jurisdiction to the confessor chosen by the peregrinus; 
(5) a sufficient indication of this consent exists in the tolerance 
of a custom with the knowledge of the bishop and without any 
remonstrance on his part; (6) the delegation of jurisdiction 
depends on this consent in such wise that the pastor of souls 
may, at his own option, retract his consent, thus abolishing the 
custom and withdrawing entirely the power to absolve his sub- 
jects. All these statements are incontrovertible. 

Hence since a penitent can be absolved by his own bishop or- 
by the delegate of the latter, since the bishop of the peregrinus 
remains his superior in spite of the penitent being in another 
diocese transitorily, the latter can be absolved only in virtue of 
power granted tacitly by his own bishop. ^^ 

VII. As Vagi have no fixed domicile, their spiritual superior 
is the Pope, and by virtue of his express or tacit delegation they 
may be absolved by any approved confessor wherever they hap- 
pen to be; but they cannot be absolved by any but those 
approved for the place where the confession is made. 

It will be asked: Who is to give approbation for absolving 
travelers on the sea? This point has been settled in a very 
simple manner by a recent decree of the Congregation of the 
Inquisition. Any priest, approved by his Ordinary, may hear 
the confession of his fellow-travelers while the voyage is in pro- 
cess, though they pass through or stop off for a time in the terri- 
tory of another bishop.^** 

39 Cf. Ballerini, Op. Theol. Moral. 1. c. cp. IT. De jurisdict. Conf. nn. 
ai3-627. 40 Deer. 4 Apr., 1900. 



300 THE MINISTER OF THE SACRAMENT 

39. Jurisdictio Delegata Extraordinaria, or, the Suppljring of 
Deficient Jurisdiction by the Church. 

There is another kind of jurisdiction, viz. : when the Church 
makes good the deficiency of delegation; here jurisdiction is 
conveyed " supplente Ecclesia.'^ 

Let it be remarked at the outset that it is by no means per- 
missible to perform any act for which jurisdiction is necessary 
— therefore to give absolution — when the absence of jurisdic- 
tion is certain, even if the Church should supply to insure 
validity of the act. When jurisdiction is doubtful, it may be 
allowable to perform the act, especially if the Church really does 
supply. Before discussing the matter itself we must explain 
what is meant by the axiom : ^^The Church makes good deficient 
jurisdiction." The meaning of it is this : the Church, or the 
highest judicial authority of the Church, confers, in an exceptional 
manner, jurisdiction for individual acts, and the Church does 
this for the general welfare in ipso adu, that is, in the perform- 
ance of the act itself." There is, accordingly, a great difference 
between the jurisdiction which a man actually possesses, and 
that which he exercises " supplente Ecdesia.^' In the first case 
I possess the jurisdiction before I begin the act, before I hear 
the confession, or perform any other act for which jurisdiction 
is required ; indeed, I possess it in most cases habiiualiter . I pos- 
sess it also when the act is completed. But he who absolves or 
performs any other function supplente Ecdesia receives the 
jurisdiction only when the action has already begun — in this 
case when he is about to pronounce absolution — in order that 
he may carry to its end the confession which has begun; the 
action once completed, — in this case the absolution being pro- 
nounced, — he has no further jurisdiction. When, therefore, 
previous to an action, a priest already prohabiliter possesses 
jurisdiction, the Church, if she suppHes, must do so only condi- 

^1 Lessius, l)e jusiiLiu cu jure, I. 2, cp. 29, iin. 65 and 68. 



JUEISDICTIO JDELEGATA EXTRAORBINABIA 301 

tionally, upon the presumption that he possessed no jurisdic- 
tion; that is, when that jurisdiction which he was beheved to 
have was as a matter of fact not existing. 

The Church supphes deficiency of jurisdiction: — 

1. When one who exercises a power possesses a titulus colora- 
tus for this power, and when, at the same time, the error is gen- 
eral amongst the faithful, in such sort that the absence of real 
power is mostly unknown. A titulus coloratus (apparent title) 
is one that is in itself false, but yet really exists; that is, one 
which has been conferred by lawful authority and, therefore, 
bears the appearance and outward form of a true title, even 
when, for some cause or other, it is void by an essential de- 
fect.^^ The supplying action of the Church in this case is based 
upon the right itself which she has conferred and ratified; this 
is the teaching of all theologians.^^ The Church, they say, sup- 
plies as a good mother in the interest of the welfare of souls.^^ 

2. When there is no titulus coloratus but only error communis ,'^^ 
many theologians are of opinion that the Church supplies in this 
case also for the general welfare. 

St. Alphonsus adopts this opinion as probable, because the 
Church supplies for defective jurisdiction more with a view to 
the common good than out of consideration for the title. ^^ It will 
scarcely, however, be possible to assign to this opinion a real 
and substantial probability; a number of theologians are in- 
deed in favor of it, but not a few of considerable repute are 
opposed to it (Lugo, Sanchez, Lessius, and others). It is, 

*2 A priest, for example, who has obtained a parish by simony, has, accord- 
ing to canon law, an invalid title. But if he was appointed to the parish by 
a lawful bishop, he has an " apparent title." 

4^ Cap. "infamis," cans. 3, Q. 7 (c. 1). 

44 S. Alph. 1. c. n. 572. 

45 In forming a judgment as to whether error communis or error paucorum 
is in question, we must not consider if many or few seek administration of 
the Sacrament of Penance from one possessing no lawful power, but if 
many or few have been aware of the absence of power, 

46 S. Alph. n. 572. 



302 THE MINISTER OF THE SACRAMENT 

therefore, canon law which must decide the question, the more 
so, as we have not to do directly with what may be allowed or 
not, but with the positive conferring of, possibly, non-existent 
jurisdiction. Now what is to be gathered from the canon law 
on this point seems plainly opposed to the more lenient view 
given in a decision of the S. C. Cone, of 11 December, 1683, 
which Benedict XIV ^^ cites to settle the question. The mat- 
ter remains, therefore, doubtful. The harm, however, which can 
result from the negative opinion is not very great, as a confessor 
cannot long exercise his office without title, and such harm is 
made good by subsequent communion or confession. Several 
theologians, moreover, rightly maintain that the faithful are not 
bound in this case to repeat those confessions which they haye, 
bona fide, made to a priest, who, ex communi errore, passed for a 
confessor. 

3. But when there is question not of error communis but only 
of error privatus in a few persons, the Church certainly does not 
supply the defective jurisdiction, because here the honum com- 
mune is not at stake. ^^ 

From this it follows : — 

1. That it is not allowed knowingly to make use of a power 
arising only from an ^^ apparent" title, although the Church 
should positively supply ; but he who is not aware of the defect 
of his title — this title being in reahty only an apparent title — 
has nothing to rectify subsequently, as his actions were vahd 
(supplente Ecclesia). 

2. Still less is it allowable for one who knows that he pos- 
sesses neither power nor title to act on the ground of general 
error; in the first place, because he assumes a power which he 
does not possess, and because, moreover, he exposes to danger 
those who are most interested in the vahdity of his actions. 

^'^ Instit. 84, n. 22. 

48 S. Alph. 1. c. ; Gury, Ed. Ratisb. V. ad n. 548, Q. II; Aertnys, 1. c. n. 226. 
Q. Ill; Ballerini, Op. Theol. Mor. 1. c. cp. II. nn. 636-639. 



JURISDICTIO BELEGATA EXTRAORDINABIA 803 

Connected with the above is the question: does jurisdictio 
prohahilis or duhia suffice for the vahd and lawful administra- 
tion of absolution. The question turns only on prohahilitas 
juris, a soHdly probable, though not necessarily certain, interpre- 
tation of the law declaring that jurisdiction is possessed. This 
may occur with regard to the questions : whether the jurisdic- 
tion possessed extends to this or that case, to this or that person ? 
or, whether the jurisdiction once possessed has been revoked? 

But a jurisdiction is doubtful when the uncertainty of it 
rests upon a doubt or a probable fact. Upon this distinction 
between probable and doubtful jurisdiction we must insist, 
St. Alphonsus ^^ does so, and that chiefly in order to show that, 
in the case of a duhium facti, — thus, doubtful jurisdiction, — 
the faculty for the exercise and the validity of the act (here of 
absolution) always remains doubtful, whereas, in the case of pro- 
hahilitas juris, the validity of the action after it has been per- 
formed is morally certain. When such probable jurisdiction 
{prohahilitas juris) is in question, it is, as St. Alphonsus teaches, 
morally certain that the Church confers jurisdiction, if it has 
previously (antecedenter) been w^anting. The saint calls this 
teaching communissima, and demonstrates it by the fact that 
the Church, in the person of her chief pastor, tacitly tolerates 
the old custom of absolving with such jurisdiction, and thus 
sufficiently expresses her consent. 

With regard to the jurisdictio duhia, however, the contentions 
of many authors are not of this nature.^^ If many are of opinion 
that the Church supplies in this case also, and base their opinion 
upon the fact that the Church supphes when there is only error 
communis and not titulus coloratus, we need but refer to what 
has been previously said upon this head.^^ 

*9 Lib. YI. nn. 571, 573. 

50 S. Alph. Lib. VI. n. 432 ; Lacroix, 1. c. L. VI. P. I. n. 110 ss. ; Lessius, 
1. c. L. IL cp. 28, nn. 67 et 68 ; Renter, Theol. Moi-. P. IV. n. 53. 

51 Cf. S. Alph. 1. c. n. 572 ; Gury-Balleriiii, 1. c. n. 548, Edit. Ratisb. 1. c. ; 
Balleriiii, Op. Theol. Mor. 1. c. cp. II. De Jurisdict. un. 628-636. 



304 THE MINISTER OF THE SACRAMENT 

According to this it is morally certain that the Church, in 
the case of previous juris prohahilitas, supplies jurisdiction. 
But if the jurisdiction is doubtful on account of a duhium facti, 
the Church does not supply if the error exists only with a few ; 
as the error is usually general, it remains doubtful whether the 
Church supplies. It is not always wrong to use doubtful juris- 
diction in administering the Sacrament of Penance, particularly 
when the reason for it is pressing, when absolution is urgently 
necessary, and when it would be better to absolve with doubtful 
validity than not to absolve at all. But in this case it would 
always be necessary to instruct the penitent as to the value of 
the absolution administered. 

According to the teaching of St. Alphonsus, absolution may 
be administered with a doubtful jurisdiction in the following 
cases: (1) When the obligation of yearly confession must be 
fulfilled exactly at that time; (2) when the penitent must say 
Mass or communicate, and this cannot be omitted without 
bringing upon himself disgrace; (3) when the priest must say 
Mass in fulfilment of his duty. In these cases a priest possessing 
only doubtful jurisdiction may absolve conditionally when no 
other confessor is at hand.^^ But the saintly Doctor ^^ remarks 
that, in this case, the confessor would be bound to inform the 
penitent who had accused himself of mortal sin that he had been 
only conditionally absolved, so that if afterwards it should become 
manifest that the confessor really possessed no jurisdiction, the 
penitent might fulfill his duty of confessing his sins again. ^^ 

^2 Lehmkuhl adds the following case : when a priest has, bonajide, begun 
to hear a confession, and a doubt has arisen in his mind as to whether the 
period of his approbation has expired, there being no possibility of satis- 
fying himself upon the point, this confession, begun and considerably 
advanced, may be concluded if great inconvenience would otherwise result 
to confessor and penitent; the confessor must, however, inform the peni- 
tent that the absolution administered was of doubtful validity ; but if he 
could, without great inconvenience to either party, break oft" the confession, 
he must do so. Lehmkulil, 1. c. n. 390, nota 1. 

°8 L. c. n. 432. ^4 cf. Lehmkuhl, 1. c. nn. 390 and 391. 



JURISDICTIO DELEGATA EXTRAORDINARIA 805 

In order to absolve with probable jurisdiction, a legitimate 
reason is necessary and this exists : (1) When the penitent stands 
in special need of the help of this particular priest; (2) when 
the accomplice of the penitent is known to the confessor who 
possesses certain jurisdiction, but unknown to him who possesses 
only probable jurisdiction; (3) if the penitent were under an 
urgent obligation of confessing, if a particular indulgence were 
to be gained, if the penitent would not be able to confess for a 
long time, and a priest with certain jurisdiction were not at 
hand.^^ 

A special case in which the Church supplies deficient juris- 
diction is in articulo mortis. 

The necessary jurisdiction for the absolution of dying persons 
is conferred by the Church upon any priest, when no approved 
confessor is at hand, so that any priest may absolve dying per- 
sons from all sins/^ 

55 S. Alph. Lib. VI. nn. 573, 600 ; H. A. n. 91, with Suarez, Gobat, Elbel, 

Sporer, etc. 

56 Cf. Trid. Sess. XIV. c. 7, where reserved cases are spoken of, and the 
following is decreed : " That no one may perish, it has always been the 
usage of the Church that there should be no reservation at the hour of 
death, and, therefore, that all priests may absolve any penitent from any 
sins and censures whatever." These words of the Council are variously 
interpreted, some believing that all priests, without exception, receive juris- 
diction from the Church, others believing that it is necessary to affix a limi- 
tation : when no other approved priest is at hand to whom the dying person 
could easily and without danger confess ; these latter, therefore, limit the 
words " omnes sacerdote.s " on account of the intention expressed in the pre- 
ceding words : " ne quis pereat'^ and the other ones : " ut nulla sit reservatio" 
maintaining that these words indicate that there is question of priests who 
otherwise possessed jurisdiction, namely, " when no otherwise approved 
priest is at hand." According to the first interpretation, and the opinion 
based upon it, a sacerdos simplex (therefore non approbatus) could valide 
administer absolution to a dying person in presence of approved priests. 
A great number of theologians defend this opinion (Ballerini mentions 
twenty-five in his notes to Gury, 1. c. ad n. 551, Q. 8, and in his Opus. Theol. 
Mor. 1. c. cp. II. De jurisdict. Conf. n. 581), and St. Alphonsus does not 
venture to reject it, though, in spite of the reasons advanced by these 
authorities, he maintains that a simplex sacerdos can only absolve a dying 



306 THE MINISTER OF THE SACRAMENT 

An approved priest is considered not to be present, not 
only when he is bodily but also morally out of reach; that 
is, in the following cases: (1) When the approved priest who 
is present does not wish to hear the confession of the dying 
person or cannot hear it, for in such a case he would be 
practically absent ; (2) when he is excommunicated or sus- 
pended;^^ (3) if an approved priest should arrive when the 
confession to the unapproved priest has already begun ; (4) if 
an approved priest were complex of the dying person in peccato 
turpi ;^^ (5) if this priest is so displeasing to the sick person 
that the latter would be in danger of sacrilegious confession; 
there would then be danger of the soul of the sick person 
being lost, a risk which it was the intention of the Council of 
Trent to obviate.^^ 

What ha& been said above concerning the administration of 
absolution in articulo mortis stands good also for its administra- 

person when no other approved priest is at hand, and he is supported in 
this opinion by the authority of the Koman Ritual, which (De Sacram. 
Poenit. sub init.) teaches that : when danger of death threatens, and an 
approved priest is not present, any priest can absolve from all sins and 
censures. This opinion of St. Alphonsus is the most general, though, 
according to Ballerini and Lehnikulil, probability is not to be denied to 
the other oj)inion, in view of the authority of so many theologians, and in 
accordance with the rules of interpretation. 

5"^ Such a priest may valide absolve a dying person if no other priest be 
present, for the Tridentine says : quiUbet sacerdos may absolve in articulo 
mortis. Cf. S. Alph. 1. c. n. 560 circa fin.; Gury -Ballerini, 1. c. n. 550. But 
it is not difficult to see why (lejiclente alio sacerdote is added here ; for the 
communicatio in sacris with heretics and with excommunicated persons who 
are to be avoided {excommunicati vitandi) is a grave sin, unless when excused 
by necessity; a penitent, therefore, would himself commit a grave sin if he 
should solicit absolution from a heretical priest, or one to be avoided (a 
vitandus), unless no other priest should be at hand. To ask the Sacra- 
ment of Penance from such an unhappy priest, and to receive it, even when 
it is allowed, appears, however, to be in any case a dangerous proceeding; 
evil influence at the most important moment of human life, and also scan- 
dal to others, are to be feared. 

58 See § 46. 

59 S. Alph. 1. c. nn. 562, 563. 



THE CONFESSIONS OF RELIGIOUS 307 

tion in quolihet gravi periculo mortis. ^'^ For the two situations 
are generally considered as identical ; moreover, the Ritual says : 
^'When danger of death threatens;" besides there is a divine 
precept to confess when there is danger of death also, and thus 
there arises a case of necessity. 

A grave periculum mortis is considered to exist : (1) In a dan- 
gerous illness; (2) in times of plague; (3) at a difficult birth; 
(4) before a very difficult surgical operation; (5) in battle, or 
shortly before it ; (6) before a very dangerous sea voyage, etc.^^ 

40. The Administration of the Sacrament of Penance to 
Members of Religious Orders. 

Hitherto we have treated of the powers necessary to the 
ministers of the Sacrament of Penance — secular and regular 
priests — in order that they may validly and lawfully hear 
the confessions of lay people (seculares). It remains now to 
discuss the regulations laid down by the Church concerning the 
jurisdiction over men and women belonging to Religious Orders 
emitting vota solemnia. 

I. The Superiors of Religious Orders, or the local Superiors, 
although they possess full jurisdiction over their subjects in 
foro interno, are bound to appoint others as confessors, so that 
the subjects may not be obliged to confess to their own Superiors ; 
it is only in certain definite cases that a subject is bound to go 
to confession to his Superior. The inmates of a rehgious house 
may indeed confess to their Superiors, and the latter must hear 
their confessions; but this must be left to the option of the 
subordinates. One or more confessors may, however, be nomi- 
nated in the individual houses, so that no rehgious can validly 
confess to any other but these; unless a confessor has received 

^ There is periculum mortis when the ilhiess is such as may, according to 
the judgment of the physicians, and experience, result in death, sive id abso- 
lute, idest generatim pro omnibus verijicetur, sive respective propter circumstantias 
hujus injirmi. Ballerini, L c. ^^ S. Alph. L c. n. 561. 



308 THE MINISTER OF THE SACBAMENT 

special powers for this purpose from the Holy See or from the 
Roman Penitentiary.®^ Only when a Jubilee occurs and usually 
once may Regulars choose as confessor a priest out of those 
approved by the Or dinar ius, in order to gain the Jubilee indul- 
gence. Several confessors are generally nominated so that the 
subjects may have a choice from among them.®^ 

II. Confessors for Regulars receive their jurisdiction from 
the Superiors of the latter. Not only priests belonging to Reli- 
gious Orders, but also secular priests (even those who have not 
been approved by their bishops), may be empowered by Supe- 
riors to act as confessors to their subjects, unless this be for- 
bidden by the constitutions of the Order.®* 

This faculty belongs to Superiors of Religious Orders by com- 
mon law, since, by virtue of their exemption from episcopal 
jurisdiction, they possess quasi-episcopalem jurisdictionem over 
their subordinates. The Council of Trent has altered nothing 
in this matter, as it speaks only of the jurisdiction or approba- 
tion necessary for the confessions of lay people; moreover, 
Clement VIII has expressly granted this faculty to Superiors 
of Orders. The confessor of Regulars can absolve those for 
whom he is appointed confessor, even outside the monastery, 
as this jurisdiction is not Hmited to a definite place, and no 
further approbation of the bishop is necessary. 

Regulars who are on a journey or staying outside their 
monastery must confess to a member of their Order who 
is near them, even when the latter is not otherwise appointed 
for confessions ; if, however, . they have no opportunity of 
confessing to one of their Order, they may do so to any 
other regular or secular priest. This priest (according to the 
sententia communissima, which St. Alphonsus considers the 
more probable) need not even be approved by the Episcopus 

62 Const. Clem. VTIT, Rom. Pontif. 1599. 

63 Decret. Clem. VIII, Sanctissimus. 

64 Cf. Mazzotta, 1. c. de Ttjenit. Disp. 2, Q. 1, cp. 3, § 2. 



THE CONFESSIONS OF RELIGIOUS 309 

loci,^^ as it is presumed that the Order, or its Superior, confers 
in such a case delegated jurisdiction upon any priest whom the 
rehgious has chosen for his confessor.^^ 

III. Those who can be vahdly absolved only by a priest 
authorized by a Superior of an Order are : not only the religious 
and their novices, but also lay persons, who, as really belonging 
to the monastic community, live in the monastery or college; 
servants, for example, and others who regularly live and take 
their meals in the monastery. ^^ 

IV. As regards the question whether priests of an Order, by 
virtue of the authorization of the Superiors of their Order, may 

65 S. Alph. ]. c. n. 575; Aertuys, 1. c. ii. 232, II. Q. ; Lehmkuhl, 1. c. 
11. 395, ad II. 2 ; Ballerini, Op. Theol. Mor. 1. c. n. 640. 

60 This freedom, as Lehmkuhl remarks, exists for the members of the 
Society of Jesus, so that they are not obliged, when on a journey, to seek a 
priest of their own Order. Certain theologians, however, are unwilling to 
concede this to all Orders. Benedict XIV, in the Brief " Quod communi," 
30 March, 1742, allowed the Capuchins to confess to others not of their 
Order, attaching the conditions, however, that the priest to whom they 
confessed must be approved ; the same condition was laid down for mem- 
bers of the Augustinian Order on June 3, 1863 (Acta S. Sedis, vol. 1, 
p. 677), and the S. Poenitdut., 18 April, 1867, the S. C. Ep. et Regul., 3 July, 
1862 and 27 Aug., 1852 (see Bucceroni, P^nchirid. pp. 127 et 128), demand the 
same condition tor the dispersed Regulars. From which it is to be con- 
cluded that the Sacerdotes idonei, of whom the privileges of Sixt. IV and In- 
noc. VIII speak, umst be approved priests. Cf. Aertnys, 1. c. This seems 
also to hold for tiie congregations under vota sijnpiicia, who possess the privi- 
lege of exemption from episcopal jurisdiction, as this regulation is based 
hot upon the solemnity of the vows, but upon the said exemption. 

6" This follows from the Bull Clem. X, Snperna, 21 July, 1670, already 
mentioned, partly printed in Gury, Ed. liatisb. l\. ad n. 559. According to 
the Council of Trent, all those lay persons are free from episcopal jurisdic- 
tion who belong to the household of (real and exempted) Religious Orders. 
But in order that the servants of a monastery may enjoy this privilege, the 
following conditions must concur : (1) they must really serve the religious 
of the monastery; (2) they must live within the inclosure at the expense 
of the monastery: (3) they must be under obedience to the religious of the 
Order; this obedience need not be the obedience of the religious; it must, 
however, be such as servants owe to their masters. Cf . Trid. Sess. XXIV. 
cp. II. de ref. ; Barbosa, de Parocho cum animadvers. ; Giraldi, p. 2, cp. 20, 
u. 12 ; Gury, 1. c. ad 562. 



310 THE MINISTER OF THE SACRAMENT 

also hear the confessions of the inmates of their monasteries 
intrusted to them for education, theologians do not agree. 
Some, amongst whom are Gury (n. 564), Lehmkuhl (n. 394), 
Marc (n. 1763, Q. 2), and Aertnys (n. 232), admit it, pointing out 
certain Orders to which this has been expressly permitted, and 
in this privilege (these authorities maintain) the other Orders 
participate. St. Alphonsus is also of this opinion (583), 
appealing to Bordone; also Mazzotta (1. c), Lugo, Schmalz- 
grueber, and others. Lehmkuhl calls this opinion probable 
and says: We may, therefore, act according to the principles 
discussed above concerning probable jurisdiction. However, 
this does not seem to be generally admissible. For no law 
accords to Regular priests a general privilege of this kind. The 
extension to all other Orders of a privilege granted to some is 
not allowable here, for this privilege derogates from the rights 
of a third party, in this instance the bishop and the parish 
priests; and it is clear from the decisions of the sacred congre- 
gations that unlimited jurisdiction over their students does not 
belong to Regulars. ^^ 

On the other hand, Regulars possess jurisdiction over their 
students: (1) When this jurisdiction is explicitly conferred 
upon an Order or educational establishment; (2) when the 
religious have acquired it by legitimate custom ; (3) when 
there is question of religious in the sense that, according to 
the ordinances of the Council of Trent, the students can be 
designated as belonging to the household. This latter, however, 
is not the case when the house in which the educational estab- 
lishment is situated is not actually the monastic building, or 
when the members of the Order and the students do not form 
an association of the nature of a family. Nor can those pupils 
be regarded as belonging to the household who pay for their 
board, and are yearly received into the educational establish- 
es Cf. r>ouix,de Kegul. T. IT. p. 5, Sect. 3, c. 2. 



JURISDICTION FOB THE CONFESSIONS OF NUNS 311 

ment or seminary. But as the matter is a difficult one and 
difference of opinion prevails amongst theologians, Bouix sug- 
gests as a practical solution the removal of such boys or girls 
from parochial control.^^ 

41. Jurisdiction and Approbation for the Confessions of Nuns. 

What we are about to say concerning nuns refers to nuns in 
the strict sense of the word, namely, to such as have taken solemn 
vows and are bound by the regulations of the inclosure, but not 
to the religious congregations which have no inclosure, nor, in 
general to such nuns as, with permission of their Superiors, are 
living outside the convent. '^'^ 

The bishop can except from the general approbation any 
religious female congregation, and if he has done so, the con- 
fessors must act conformably. In most dioceses the regulations 
of the Church concerning confessors of nuns — both ordinary 
and extraordinary confessors — are extended to the female 
congregations also which take only simple vows, and are not 
bound to strict inclosure. This discipline is, in fact, very good, 
and quite in conformity with the intention of the Holy See.^^ 

69 Cf. Bouix, 1. c. ; Gury, Ed. Ratisb. ad n. 564, nota. 

'° Although, according to the rules of interpretation, by the word 
Moniules in the Papal Bulls, only Moninles in the strict sense are to be 
understood, that is, the members of a Religions Order approved by the 
Holy See, who observe the Papal inclosure ; yet Benedict XIV has expressly 
declared, in his Bull " Pastoralis curse," that the ordinances of tlie Trid. 
Sess. XXY. cp. 10 de Regul. et INIon, which contain a part of the present 
discipline, only apply claustralihus monialihus. 

'1 This is clear from a note of the S. C. Ep. et Reg. to the constitutions 
of the Sisters of the Visitation of the Blessed Virgin (23 July, 1860) : "As 
regards the confessors,- the Constit. Bened. XIV, Pastoralis curse is to be 
observed, in accordance with which the confessors are to be appointed by 
the respective bishops." In the constitutions of the Sisters of Nazareth, 
who have no inclosure, the same congregation decreed on 27 Sept., 1861 : 
"As regards the Confessor, extraordin., the ordinances of the Council of 
Trent are to be observed, as also the Constit. Benedict XIV, Pastoralis 
curse." Cf. Muller, 1. c. S. 140. 



812 THE MINISTER OF THE SACRAMENT 

The following regulations are in force with regard to the con- 
fessors of nuns : — 

I. Not every priest approved by a bishop can hear the con- 
fessions of nuns, but only one who has received special appro- 
bation and jurisdiction for the purpose from the Episcopus 
loci. Indeed, the priest approved for one convent cannot valide 
hear the confessions of the nuns of another convent, unless he 
be generally appointed for the confessions of nuns.'^^ 

II. The confessors of exempted nuns also require the appro- 
bation of the bishop, but they are chosen and appointed by the 
Superiors of the Orders to whom they (the exempted nuns) 
are subject; and if these Superiors themselves w^ish to hear the 
confessions of the nuns w^ho are subject to them, they must 
likewise obtain the approbation of the bishop. It is only when 
the nuns obey Superiors with quasi episcopal jurisdiction that 
their confessor does not require the approbation of the bishop. ^^ 

III. According to the declaration of Clement XI the confess- 
ors of nuns should not only be learned, prudent, and pious, but 
also of mature years. '^'^ The bishop must, therefore, take care 
that a confessor be chosen in whom the nuns may have con- 
fidence. 

Without Papal authorization vicars-general, canons, and 
others who are bound to observe choir in virtue of a benefice, 
also parish priests (when the care of souls -would materially 
suffer thereby), cannot discharge the office of an ordinary con- 
fessor. This applies also to priests of a Religious Order with 
regard to nuns who are immediately subject to the bishop. 
The former may, however, exercise the office of extraordinary 
confessors. The ordinary confessor must hear the confessions 

'■- Cf. Const. Inscrutabili, Gregor. XV; Const. Siiperna, Clem. X (21 
June, 1670) ; Const. Pastoralis Officii et Pastoralis curse, Bened. XIV. 

■^3 Cf. Declarat. IS. C. C. ad dub. 7 et 8, post Const. Inscrutabili, in Biil- 
lario posita. 

■^^ Scavini, Tract. X. Disp. I. cp. 4, art. 2, n. 123. Ferraris ad v. Moni- 
ales, art. 5, n. 49. 



JURISDICTION FOR THE CONFESSIONS OF NUNS 313 

of nuns as often as it is reasonably demanded of him. More- 
over, he must not conduct himself as a Superior of the convent, 
since, according to the decree of the S. C. Ep. et Reg. 7 Sept., 
1797, such authority does not belong to him."^^ 

The confessor appointed for nuns shall not discharge his 
office longer than three years, and cannot, at the expiration of 
this period, hear confessions in the same convent without per- 
mission of the S. C. Ep. et Reg.^^ Several authorities, however 
(St. Alphonsus, Bouvier, Gury, Scavini), remark that the bishop 
may allow the confessor to exercise his office longer than three 
years when other suitable priests are wanting. 

At the time of a Jubilee, nuns, like Regulars, may, in order 
to gain the Jubilee indulgence, once choose for themselves any 
confessor from amongst priests approved by the Episcopus loci 
for hearing the confessions of nuns either in general or for a 
particular convent. '^^ 

IV. The bishops, or Superiors of Orders, who are authorized 
to appoint and choose the ordinary confessor, are bound to 
appoint an extraordinary confessor for the nuns subject to them 
two or three times a year. 

Although the nuns are not bound to confess to this extraor- 
dinary confessor, they must, nevertheless, all repair to him, be 
it either to make a sacramental confession or to receive from 
him wholesome exhortation."^^ 

The following is to be observed regarding the Confessarius 
extraordinarius : — 

1. Although the Tridentine Session here speaks of inclosed 
nuns only {moniales claustrales) , Benedict XIV wishes the 
appointment of the extraordinary confessor to be extended to 

'5 Gury, Ed. Ratisbon. T. 11. 1. c. ad n. 565. 
76 Cf . Decret. S. C. Ep. et Reg., 20 Sept., 1642. 
" Const. Bened. XIY, Benedictus Deus, 25 Dec, 1750. 
'^ Cf . Trident. Sess. XXV. cp. 10 de Regnl. et Mon. and Const. Bened. 
XIV, Pastoralis curae, 5 Ang., 1748. 



314 THE MINISTER OF THE SACBAMENT 

all communities of nuns who have only an ordinary confessor 
appointed by the Superiors. 

2. The choice of the extraordinary confessor belongs to the 
Ordinarius loci for those convents which are under him, and to 
the Superior of the Order for those for which the latter appoints 
the ordinary confessor; every extraordinary confessor must 
have special approbation as such from the bishop. The Supe- 
riors of Regulars, however, cannot always appoint a priest of 
their own Order, but must at least, once a year, choose a secular 
priest or one of another Order. If the Superior of the Order 
neglects to choose an extraordinary confessor, the bishop must 
do so ; should the bishop neglect this duty, the Cardinal Grand 
Penitentiary must act. 

3. During the time when the extraordinary confessor is exer- 
cising his office in a community, the ordinary confessor may not 
remain in the community to hear confessions. 

4. The extraordinary confessor may not be refused to indi- 
vidual nuns in case of serious illness or invincible reluctance 
towards the ordinary confessor. The case of a nun in danger 
of death being refused an extraordinary confessor is provided 
for in the decree of the Tridentine Session, XIV. cp. 7 : in articulo 
mortis omnes sacerdotes quoslihet poenitentes . . . ahsolvere posse. 
But should a nun wish to confess occasionally to a particular 
confessor, not out of fickleness, or imprudent preference, but 
truly on account of her spiritual advancement, it is advisable 
that the Superiors should not oppose such wish."^^ 

■^^ All these precepts are contained in the Trid. Sess. XXV. cp. 10 de 
Regul. et Mon. and the Constit. Benedict XIV, Pastoralis curae. Pope Leo 
XIII, quoted above, has renewed the same quoad confessarioa ordinarios et 
extraordinarios by a Decretum S. Congregat. Ep. et Regul. de conscientiae 
ratione Confessariis e.xtraordinariis, etc., d. 17 Dec, 1890, and exhorts Prce- 
sules and Superiores, " ne extraordinarium denegent subditis Confessarinm 
guolies ut proprice conscientice consulant ad id subditi adigantur, quin iidem 
Superiores ullo modo petitionis rationem inquirant aut cegre id ferre demonstrent. 
Ac ne evanida tarn provida dispositio fiat, Ordinarios exhortatur (sc. Sanctitas 
sua), ut in locis proprice Dioeceseos Sacerdotes facultatibus instructos designent, 



JURISDICTION FOR THE CONFESSIONS OF NUNS 315 

Extraordinary confessors, nominated by the bishop for a 
single occasion, can only discharge this office once. They must 
be approved by the bishop as often as they have to discharge 
the office of extraordinary confessor/*^ unless they have a general 
approbation for the confession of nuns. 

ad quos pro Sacramento Pcenitentice recurrere ece facile queant." This decree 
was occasioned by precepts in the constitutions '^plurlum Congj-egationum, 
Societatum aut Institutionum sive mulierum, quce vota simplicia aut solemnia 
nuncupatit, sioe rirorwn professione ac regimine penitus laicorum." 

80 Cf. Declar. S. C. C. ad dub. I. poss. Const. Inscrutabili et Constit. 
Clem. X, Superna. 



CHAPTER II 

LIMITATION OF JURISDICTION OR RESERVED CASES 

42. Reserved Cases in General. 

The Church has received from Christ the power to remit or 
to retain all sins without exception. No sin is withheld from 
the cognizance of its judicial authority or the power of its keys. 
This unlimited power of chief justice and plenipotentiary re- 
sides in the hands of the Supreme Head of the Church ; it is in 
the possession of the Vicegerent of Him who has said of Him- 
self : ''To Me is given all power in heaven and on earth." In 
the exercise of the judicial power in foro interno, the pastors 
of the Church are dependent upon and subject to him. This 
relation between the Pope and the pastors of the Church is ex- 
pressed in the reservations ; ^^ that is, by the ecclesiastical disci- 
pline in virtue of which the Pope reserves certain sins in order to 
absolve from them himself, and places a limit upon the juris- 
diction of the bishops by withholding from them the power to 
absolve from certain sins. And as the Pope proceeds with 
regard to the bishops, so can the bishop, and the Superiors of 
Orders, and those possessing quasi-episcopal jurisdiction, pro- 
ceed with regard to their respective subordinates. 

This competence to declare certain sins reserved, which ex- 
isted in the earliest times of the Church as is proved by number- 

^^ " Reservatio est : ablatio sen nonconcessio jurisdictionis ad absolvendum 
ab aliquo peccato, quauivis circa alia concedatur." Ballerini, Opus Theol. 
Mor. 1. c. cp. II. 11. 657. 

316 



BE SERVED CASES IN GENERAL 317 

less memorials, is promulgated by the Council of Trent/^ which 
also emphasizes the reason of this practice : ^^It has seemed con- 
ducive to the morality of the Christian people that certain 
particularly horrible and grave sins should not be absolved by 
every priest, but only by those of the highest authority. It is, 
therefore, reasonable that the Popes, by virtue of the power 
invested in them over the whole Church, should reserve certain 
grave sins for their own tribunal." Having then assigned this 
power to the bishops also, the Council declares that this reser-. 
vation of sins has validity not only in the outward administra- 
tion of the Church, but also before God. 
From this it follows that : — 

I. The motives for the reservations, apart from the mainte- 
nance of authority, are : (a) the necessity of deterring the faith- 
ful from the commission of these great sins by thus making it 
more difficult to obtain absolution ; (b) the necessity of applying 
a special remedy, so that those who have been guilty of such 
crimes may be the more efficaciously preserved from relapse. 
In order that the former object may be the more perfectly at- 
tained, it is necessary in an appropriate manner to make known 
to the people what sins are reserved. 

II. We distinguish : (1) Reservation by the Pope, by a bishop, 
and by the Superior of an Order; (2) reserved sins, when the 
sin itself is directly reserved, and reserved censures, when the 
censure attached to a sin is reserved, and the sin itself is reserved 
only in consequence of the censure. If the reserved censure is 
only the means by which the sin is reserved, upon removal of 
the censure the sin is no longer reserved. In the papal reserved 
cases the censure only is directly reserved ; in episcopal and other 
reserved cases generally the sin only is reserved, not the censure. 
Two Papal cases, in which the sin without the censure is re- 
served, form exceptions to this rule, namely : (a) Falsely accusing 

^2 Sess. XTV. cp. 7, can. IT. Cf. Perrone. De Poen. cp. 5 ; Zeniier, Instruct, 
pi-act. P. 1, cp. II. § 44; Palmieri, Tract. Be Pcen. Thes. XVII. p. 178 ss. 



318 THE MINISTER OF THE SACRAMENT 

an innocent confessor of solicitation, either by denouncing the 
confessor to the ecclesiastical judge one's self, or by effecting 
such denunciation through another person ; ^^ {h) the receiving of 
considerable presents exceeding the value of ten francs on the 
part of members of Religious Orders (emitting solemn vows) of 
both sexes, till restitution has taken place {munera prorsus libe- 
ralia are meant; hence presents of medicaments and devotional 
objects, as also those presents which were given out of gratitude 
and benevolence or for the purpose of securing the good-will of a 
person, are excepted). ^^ If the presents amount to a higher sum, 
and if the penitent can make restitution, he is not to be ab- 
solved till he has done so. If, however, he cannot make restitu- 
tion at the time, but promises faithfully to do so as soon as 
possible, the confessor can absolve him. 

III. The power to reserve is possessed by the Pope in the whole 
Church ; by the bishops in their dioceses ; by the heads of Orders 
who possess quasi-episcopal jurisdiction in their Orders — the 
General of the Order for the whole Order, the Provincial in his 
province, the local head in his house — but apart from specified 
sins mentioned by Clement VIII, these religious Superiors may 
not reserve any others without consent of the generalchapter.^^ 

^■3 Const. Bened. XIV, Sacrameiitum Poenitentiae, 1 eJuiie, 1741. 

84 Const. Clem. VIIT, Relio^iosse Cormreg-ationes, 19 June, 1594, et Urban 
VIII, Nuper a Congregat. 16 Oct., 1610. Cf. S. Alph. 1. c. nn. 580, 693; 
H. A. Tr. 13, nn. 8, 9; Fenar, ad v. Kegular. art. I. nn. 67-69. 

^^ S. Alph. 1. c. n. 583 ; H. A. n. 130. These specified cases are the follow- 
ing : 1. Apostasy from the Order, even when the habit of the Order is still 
retained. 2. Secretly absenting one's self from the monastery at night. 
3. Three forms of superstition : Vene/icla, incanladones, sortUecjia. 4. Pos- 
session of property against the vow of poverty, which constitutes a mortal 
sin. 5. Theft (to the extent of mortal sin) of goods belonging to the 
monastery. 6. Lapsus carnis voluntarily opere consummntus. 7. Perjury 
before a lawful judge. 8. J^rocuratio, consilium vel auxilium ad abortum foetus 
animnti. 9. Killing or wounding or severely beating any one. 10. Forging 
the handwriting or the seal of the officials of the monastery. 11. Mali- 
ciously obstructing, delaying, or opening written communications from 
Superiors to subordinates, or subordinates to Superiors. The confessors of 



RESERVED CASES IN GENERAL 319 

IV. There must be valid ground for making the reservation, 
otherwise its effect would tend to ruin rather than to edification. 
Hence the undue multiplication of reserved cases is not allowed; 
for many people, on account of the difficulty of getting abso- 
lution, are likely to remain for a long time in a state of mortal 
sin, and are deterred from receiving the Sacraments. Clement 
VIII, therefore, exhorted the bishops to reserve only a few sins, 
and only those of which the reservation would be conducive to 
the maintenance of Christian morahty amongst the faithful. ^^ 

Regulars must know these cases, so that, should one of them occur, they 
may send the penitent to the Superior or to a confessor possessing the neces- 
sary faculties for absolution; or that they may, according to circumstances, 
procure for themselves the necessary faculties for this case. But if a Reg- 
ular priest confesses to a secular priest or to a priest of another Order (for 
example, on a journey — see above), it is disputed whether this confessor 
possesses the power to absolve from the reserved cases of the monasteiy . For 
Capuchins sojourning out of their monastery the power has been given by 
Benedict XIV (30 March, 1742) and confirmed by Pius IX (1852), with the 
understanding, however, that the penitent appears before his Superior or the 
confessor appointed by him as soon as possible and receives absolution anew. 
S. Alph. Lib. VI. nn. 575-583. 

^^ S. Alph. n. 579 ; Bened. XIV, De Synodo, Lib. V. cp. 5. The Pope says : 
" Although in this matter no absolute and universal standard can be estab- 
lished, the general exhortations and decrees which the Sacred Congregations 
at Rome have issued upon the subject may serve as a guide : — 

" On January 9, 1601, the Sacred Congregation of Bishops and Regulars 
issued the following exhortation to the bishops : In order that the bishops 
who are empowered to reserve may not unduly burden their subjects and 
confessors with reserved cases, they are all exhorted to reserve only a few 
cases, and those only which they believe themselves bound to reserve in the 
interests of Christian morality, and for the welfare of the souls committed 
to them, according to the condition and character of each diocese. This 
exhortation was repeated on Nov. 26. On the same day, the same Congre- 
gation issued a circular letter to the bishops, in which the following exhor- 
tations are addressed to them : The bishops should take care that they do 
not indiscriminately reserve those cases to which the greater excommunica- 
tion is by law attached, absolution for which is reserved to no one, except 
when the special reservation of such cases appears necessary on account of 
frequent scandal, or some other urgent ground; nor those cases in which 
absolution is granted only when restitution has been made, or that performed 
which the penitents are bound to perform ; nor should they reserve those 



320 THE MINISTEB OF THE SACRAMENT 

V. As reservation is a limitation of jurisdiction, it concerns 
the confessor directly, and the penitent indirectly. 

From this it follows that : — 

1. In the matter of reservation, strangers are not to be treated 
according to the reservation of the place where they confess, but 
according to that in force at their place of residence, exactly 
in accordance with the principles concerning the juriscUction of 
the confessors of strangers which we have stated above. It is, 
therefore, more correct to say that they are absolved by virtue of 
the jurisdiction which the bishop of the penitent gives, and it 
is reasonable to assume that the latter does not wish to Umit the 
jurisdiction of confessors outside his diocese to whom members 
of his own diocese confess, unless he has reserved a sin in his 
own diocese. If, therefore, the stranger confesses a sin which is 
reserved in the diocese in which he confesses, — a diocese which is 
not his own, — the confessor can absolve him, quia absolvit vi ju- 
risdictionis delegatce ah Episcopo, qui peccatum illud non reservat.^'^ 

cases which, although great sins, are yet matters of lesser importance, and 
of frequent occurrence amongst uneducated people ; such as cases of damni-_ 
Jicatio ifijusta, etc. In reserving sins of the flesh they must proceed with 
great circumspection on account of the danger of scandal, especially when 
suspicion might fall upon persons either from their going to extraordinary 
confessors, or frequently recurring to the bishop. Finally the bishops are 
admonished to adopt and adhere to that course of action, which, after mature 
consideration of the customs, natural disposition and tendency of the neigh- 
borhood and people appears to them to be the best before the Lord. The 
decrees of the Sacred Congregation of the Council are couched in a similar 
strain. This Council ordered a bishop who had accumulated too many 
reserved cases to choose ten or at most twelve of the more considerable 
offenses, as he thought proper, and to strike out the rest." 

s'^ Renter, Theol. Mor. De Poenitent. n. 371. Cf. Stotz, Trib. Poenit. Lib. 
XL Q. 2, § 5, n. 64. Schmalzgrueber, 1. c. Lib. L Tit. 29, n. 31, and 
many others. This is, in fact, the doctrine which is generally received as 
valid amongst the older moralists. Many of the later ones, it is true, teach 
that a stranger cannot be absolved from a sin which is reserved in the dio- 
cese in which he confesses, falsely assuming that the priest who hears the 
confession of a penitent coming from a strange diocese is restrained by his 
own bishop from absolving. See Ballerini, Xot?e ad O^ury, IT. n. 573, and 
Opus Theol. Mor. 1. c cp. II. De Reservat. Casuum, n. 709 ss. 



BE SERVED CASES IN GENERAL 321 

In practice the rule can be laid down that it is always allowed 
to absolve a stranger from reserved sins, except when : (1) the 
sin is reserved in both the dioceses, that of the confessor and 
that of the stranger, or (2) when the stranger leaves his diocese 
in order to confess "in fraudem legis/' that is, to evade the judg- 
ment of his Superior, ^^ which may be assumed to be the case when 
the sin is of such a nature that it may easily be brought before 
the forum externum, or may already, in some form, be before it, 
so that absolution could not be administered even in foro interno 
without the permission of the bishop. ^^ 

2. Although Regulars do not necessarily receive delegated 
jurisdiction from the bishop but from the Pope, they cannot 
absolve penitents from sins reserved in the respective dioceses, 
without having received special faculties from the bishop; the 
Popes have distinctly so decreed.^" The episcopal reservation 
is binding also for non-exempted nuns; whether it is so for the 
exempted, is a matter of controversy. St. Alphonsus ^^ declares 
both opinions, affirmative and negative, probable. But should 
a bishop refuse to the confessor of nuns jurisdiction over reserved 
cases, the absolution of the latter for such sins would undoubt- 

ss If the strange penitent confesses a sin which is reserved in his own dio- 
cese but not in that in which he confesses, he can undoubtedly be absolved 
by a priest of a Religious Order, in virtue of the privilege granted by the 
Pope to Regulars, Const. "Superna," Clem. X. As regards secular priests, 
the older theologians maintain that they could not absolve the stranger in 
this case (they appeal to the Capat Si Episcop. 2 de Poenit. in 6°), while the 
later theologians unreservedly allow secular priests to participate in the priv- 
ileges of the priests of Religious Orders; for there exists, they say, a general 
custom that strangers, in this case also, are absolved by secular priests, and 
as the bishops approve of this proceeding, the strangers would be valide et 
lic'tte absolved. Cf. Gury-Ballerini, 1. c. n. 573, notse ; Lehmkuhl, 1. c. n. 403 ; 
Aertnys, 1. c. n. 239, in both cases decides otherwise Princ. Ill ; and Marc, 
1. c. n. 1771, Qusesit. III. 

89 Cf. Mazzotta, 1. c. Disp. 2, Q. 3, cp. 3, Sect. 2 in fine; Lehmkuhl, 1. c. 
n. 404; Ballerini adds, "«' Episcopus expresae invitus sit." Notse ad Gary, II. 
n. .573, Q. 5, nota II in fine. Cf. S. Alph. n. 589. 

90 Lehmkuhl, 1, c. n. 403. Aertnys teaches otherwise, 1. c. n. 239. 

91 L. c. n. 602. 



322 THE MINISTER OF THE SACRAMENT 

edly be invalid ; for the bishop gives jurisdiction for the exempted 
nuns also, as is plain from the words of Gregory XV. ^^ 

Whether the familiares of Regulars may be absolved without 
faculties from the bishop depends in general upon the fact 
whether they are absolved by virtue of episcopal or of Regular 
jurisdiction. When they are absolved by confessors appointed 
by the Superior of the Order, they are not subject to episcopal 
reservation ; but if they are absolved by other confessors (secu- 
lar priests), it seems that they are subject to episcopal reserva- 
tion. If, however, it is a question of sins to which the bishop, 
has attached censure, they do not, as a rule, incur this censure, 
since they must be treated as strangers. ^^ 

VI. In order that the objects of the reservation may be at- 
tained, and this is only possible by a moderate use of the power 
of reservation, grave sins only are as a rule reserved. Such is 
the decision of the Council of Trent. ^^ The following conditions 
are necessary for the valid reservation of a sin : ^^ (1) It must 
be (and that ex natura rei, in order that it be reserved pleno sensu) 
a mortal sin, both as regards the internal and the external act ; 
(2) it must have been carried out completely, not merely at- 
tempted, wished, begun; and (3) it must be reserved in definite 
terms. These conditions are by common custom deemed nec- 
essary. A Superior who reserves is, therefore, supposed to be 
guided by them unless he has expressly declared himself to the 
contrary. But Superiors generally attach particular conditions 
and exceptions to their reservations, which must be gathered 
from their instructions. 

The following remarks may serve for more explicit explana- 
tion: (1) As venial sins are not materia necessaria of absolution, 

92 Gury, Ed. Ratisb. ad n. 570. 

«3 S. Alph. Lib. VI. n. 583; Lehmkuhl, 1. c. n. 403; Aertnys, 1. c. III. 2, 
n. 239. 

94 Sess. XIV. cp. 7. Cf. Deer. S. C. Cone. 26 Xov., 1602. 

95 Cf. Balleriiii, Op. Theol. Mor. 1. c. cp. 11. De Reservatione Casuum, 
n. 661 ss. 



RESERVED CASES IN GENERAL 323 

they cannot be reserved in the strict and full sense. Even if 
it be per se possible that the Superior can withdraw from a priest 
the power to absolve sacramentally with regard to a venial sin, 
he cannot oblige the penitent to procure sacramental absolution 
from this venial sin. This applies also (2) to really and posi- 
tively doubtful sins. Indeed, as St. Alphonsus teaches, ^^ a sin 
which is in any respect doubtful is, according to ecclesiastical 
custom and the concurrent teaching of the authorities, regarded 
as not reserved. For, even if any sin which is materia neces- 
saria of confession might from the very nature of the case be 
reserved, yet this is not so in practice, and as reservation is a. 
lex odiosa, it must be interpreted stride. A sin is, therefore, 
regarded as not reserved : (a) when there is doubt as to its sub- 
jective gravity, and (h) when there is doubt as to its objective 
gravity (unless the Superior, for particular motives, has declared 
as gravis a materia which, ex se, is not positively gravis, in which 
case it would be necessary to stand by his decision) ; moreover 
(c), there is no reservation when doubt exists as to whether a 
positively reserved sin has been committed, or whether it has 
been committed with the necessary conditions, nor is there res- 
ervation when doubt exists as to whether a sin really committed 
is a reserved sin. But in this case {in dubio juris) the sin would 
be reserved if the confessor merely privato errore doubted the 
reservation, or if he did not know the sin w^as actually reserved. 
But in some dioceses the bishops have declared that the con- 
fession in such a case is valid, and that they do not regard a 
sin as reserved if the confessor privato errore or ex ignorantia 
does not believe a sin to be reserved.®^ 

If, therefore, the confessor supposes a sin to be reserved, he 
must carefully examine if the sin be interne grave, if it has been 
committed with full advertence, and with full consent of the will 
in materia gravi, and if it is also grave quoad actum externum ; for 

96 L. c. n. 600. 

9^ S. Alph. 1. c. n. 600; Lehmkuhl, 1. c. n. 405; Aertnys, 1. c. n. 242. 



324 THE MINISTER OF THE SACRAMENT 

if the external act were not of a grave nature, it would not be 
reserved although it might be inwardly a great sin. For in- 
stance, should a person in a heretical frame of mind have said 
something which neither contained heresy in se, nor, on account 
of the circumstances, showed an heretical tendency, his sin 
would not.be reserved.®^ The Church is, in fact, accustomed to 
reserve only peccata externa, although it cannot be doubted that 
she can also reserve peccata mere interna, as this class of grave 
sins is, by divine law, subject to the absolving power of the 
Church in foro interna. ^^ 

3. That a sin should be reserved it must be completum, com- 
pleted ; that is, completed in the manner implied by the reserva- 
tion. When, therefore, in the words of the (reserving) law, an 
external, completed action is specified, — murder, for instance, — 
and the outward completion is wanting (in this case, the death 
of the victim), there is no reservation. If, on the other hand, 
attempting crime, or advising it, are per se reserved, it suffices 
to have done these acts to make the sin reserved, though the 
project has not been executed or the sinful advice failed to pro- 
duce any effect. Frequently such incomplete actions are, how- 
ever, reserved as accessory only to the principal action. If 
this latter has been certainly completed, then these accessory 
actions are reserved. 

VII. The question: ^^Must the penitent be 'aware that his 
sin is a reserved one in order that it should be reserved?" is a 
subject of animated controversy among the theologians.^"^ It 
is beyond all doubt that bishops can so reserve the sins of their 
subjects that the reservation holds even when the penitent 
knows nothing about it. Whether they do reserve in this man- 
ner without. a formal declaration to that effect, is a debatable 

98 S. A]ph. Lib. VI. n. 582, with Siiarez, Lugo, Tauiburini, and others. 

99 Cf. S. Alph. Lib. VI. n. 582. 

100 Cf. Gury-Balleriiii, Nota} ad ii. 571, Q. 1, Opus Theol. Mor. 1. c. cp. IL 
nn. 724-735. ^ 



RESERVED CASES IN GENERAL 325 

question. St. Alphonsus and not a few other theologians 
teach that a sin is reserved even when the penitent did not know 
of the reservation, assigning as sole, or at least chief, reason 
that the reservation restricts the power of the confessor. ^"^ 
The fear that Christian and rehgious disciphne might thereby 
be relaxed is alleged as a second reason. ^^- On the other hand, 
a very great number of theologians ^°^ teach that a sin is not to 
be regarded as reserved if the penitent did not know that it 
was so, when the reservation is poenalis, that is, when it is of a 
punitive character; but that it is to be regarded as reserved 
w^hen the reservation is medicinalis, imposed as a deterrent; 
that is, when it is not a poena medicinalis, which, like the 
censure, is intended to break the stubbornness of the sinner 
and deter him from sin, but a lex disciplinaris , by which the 
Superior himself, or through a specially delegated confessor, 
wishes to provide a remedy for sin committed. When, there- 
fore, Lugo denies that reservation is chiefly of a punitive char- 
acter, and, therefore, holds good even if the sinner did not know 
of the reservation when he was sinning, we agree with him and 
with Lehmkuhl.'*'* 

101 This reason is plainly not a valid one, since all theologians, including 
the opponents of this view, admit that reservation directly limits jurisdiction; 
these latter, however, declare that certain circumstances are required to make 
a sin reserved, and that it is questionable if the knowledge of the reserva- 
tion is such a ch'cumstance or not. 

102 This is not convincing; for as soon as the penitent confesses a reserved 
sin, the confessor will tell him of the reservation, and thus a check will be 
put upon the relaxation of morality for the future ; for the sins that have 
been already committed, neither one opinion nor the other can offer any 
preventive remedy. 

103 The Theol. of Salamanca, Tr. 18, cp. 6, n. 12 ; Lugo, De Poen. Disp. 20, 
n. 11; Sanchez, De Matrim. 1. 9, Disp. 32, nn. 17, 18; Sporer, De Poenit. 
n. 735 ; Mazzotta, Tract. 6, Disp. 2, Q. 3, cp. 2, § 2, and many others ; see 
Gury-Ballerini, 1. c. 

10* L. c. n. 407. Cf. Gury-Ballerini, 1. c. This may at least constitute a 
rule for most dioceses. We must, in fact, assume that the bishop has 
reserved sins in the manner in which they are generally understood by the 
confessor to be reserved, unless it is shown by positive evidence that the 



326 THE MINISTER OF THE SACRAMENT 

If, however, it is a question of reserved censures, the censure 
is considered not reserved when the penitent did not know of 
the reservation, as only he incurs a censure who knew of it and 
yet committed the act to which it is attached. Concerning the 
Papal reservations, at least, unanimity upon this point prevails 
among the theologians, as these reservations exist chiefly on 
account of the censure. With regard to episcopal cases no 
unanimity exists. Here, as Suarez rightly teaches, we must 
have regard for the circumstances ; that is, for the terms of the 
reservation, for custom, and for the power of the person who 
reserves, etc.^^^ But if the penitent knew of the censure and 
did not know of the reservation, the theory of some few theolo- 
gians that, in this case, also the censure is not reserved, is rightly 
regarded as lax and altogether improbable. 

43. The Papal Reserved Cases. 

In the year 1869 Pius IX issued his celebrated Bull " Apos- 
tolicce Sedis vioderationi,^^ the object of which was to reduce the 
number of censures imposed at different times, to explain them, 
and to bring their wording to such form that uncertainty and 
doubt on the part of the faithful and of confessors might 
cease. By virtue of his apostolical power he therein decreed 
that of all the censures ever imposed, whether excommunication 

bishop adopts the opinion of those theologians who teach that a reservation 
is not incurred by one who is not aware of its existence. Till the Liter con- 
troversy, however, it was always the general conviction that reservation was 
understood to be incurred by one who did not know of it ; this is testified 
by many authors. AVe must, therefore, assume that the legislator so under- 
stood his law. But if, with the knowledge of the bishop and withont pro- 
test on his part, it he anywhere taught that a sin is not to be regarded as 
reserved for one wlio does not know of the reservation, this mav be consid- 
ered a sufficiently valid indication that the bishop does not wish to bind 
those who are ignorant of the reservation. Lehinkuhl, 1. c ; Gury, Ed. 
Katisb. ad n. 571. 

105 S. Alph. 1. c. nn. 580, .ISl, dub. 2; Lacroix 1. c. n. lOU ; Gury, Ed. 
Ratisb. V. n. 571. 



THE PAPAL BESERVED CASES 327 

or suspension or interdict, only those should henceforth legally 
remain in force which were explicitly introduced into or quoted 
in his constitution; that they should derive their validity not 
only from the authority of the ancient canons, but also from this 
constitution itself, just as though they were there for the first 
time imposed. This Bull possesses force and validity for the 
whole Church from the moment when it was promulgated ad 
valvas Ecclesice S. Salvatoris}^^ The Bull deals with censures ^^^ 
only, and these are either Excommunications,^^^ Suspensions, or 
Interdicts/'' 

/. Excommunicationes speciali modo Romano Pontifici reser- 
vatce. The excommunication spec, modo reserved to the Pope is 
incurred by : ^^' 

106 Cf. Archive fiir Kirchenrecht (1871), XXY. 148. The other sources 
of the Papal leserved cases are the Council of Trent, of which the censures 
still remain in force which were directly imposed by this Council and are 
not touched by the Bull " Apost. Sed.," and those Papal decrees which have 
been issued for the imposition of censures since the appearance of the Bull 
" Apost. Sed.," that is, after the year 1869. 

10'^ The two Papal cases spoken of above in which the sin is reserved, are, 
therefore, not quoted in it, but are in force. 

10^ They are (1) those which, in an especial manner (speciali modo) are 
reserved to the Pope, (2) those which are simply reserved to the Pope, 
(3) those w^hich are reserved to the bishops, and (4) those which are reserved 
to no one. The two first classes are to be kept apart from each other, for a 
person possessing the faculty to absolve from the Papal cases does not nec- 
essarily possess the faculty to absolve from the cases which are speciali modo 
reserved, if this addition is not expressly made. By virtue of the jus com- 
mune (Cone. Trid. Sess. XXIY. cp. 6) it belongs to the bishop to absolve 
from the second class if the cases are secret. 

'^^^ Jan. Bucceroni (S. J.), Commentar. de Constitut. Ap. Sed. (Romse, 
1888) ; Aertnys, Theol. Mor. Lib. VII. Tract. I. II. III. ; Lehmkuhl, 
Theol. Mor. P. TI. Lib. II. Tract. I. n. 920 ss. ; Avanzini, De Constit. 
Ap. Sed. Commentarii (Rom., 1872) ; Heiner, Die Kirchlichen Censuren. 
Paderb. 1884, S. 52 ff. ; Kirchenlexikon (2. Aufl.) Apost. Sed. Vol. I. 1, 
112.5 if. 

110 There are twelve of them in the Bull " Ap. Sed." which were all, with 
the exception of the tenth, contained in the Bull " Csenas," but not all eodem 
modo : to these is added the thirteenth ex Constit. Pii IX, Romanus Ponti- 
fex, 28 Aug., 1873. 



328 THE MINISTER OF THE SACRAMENT 

1. All who have fallen from the Christian faith (apostates) and 
all heretics, of whatever name and sect they may be, as well as 
their adherents, supporters, and all their defenders in general. 

As the expression "Omnes a Christiana fide apostatas^^ is of 
general application, not only are all those Christians who have 
embraced Judaism or heathenism comprised in it, but also the 
so-called freethinkers who wholly give themselves up to unbelief, 
and have openly renounced all reHgion ; also rationalists, spiritu- 
alists, materialists, pantheists, deists, atheists, illuminati, those 
who profess indifferentism in religion or a merely natural reli- 
gion, and other unbelievers of similar character, who belong to 
the order of Freemasons or adopt the principles of that order, 
even when, here and there, some of its members surround them- 
selves with a halo of religion /^^ 

In order that the confessor may know who incurs excommuni- 
cation under the expression Omnes et singulos hoereticos he must 
form an accurate conception of heresy, which demands: 
(a) error formalis, a conscious and voluntary denial joined to per- 
tinacia, (5) the denial of an article of faith promulgated by the 
Church, (c) the external expression of such denial, (d) a knowl- 
edge of the penalty incurred."^ If any one of these marks is 
absent, there is no excommunication. In connection with this, 
Renninger remarks : ^^^ ^'At a time when, in our social life, the 
waves of unbelief run so high, prudence, dehberation, and 
knowledge are in an especial manner necessary to him who has 
the care of souls, that hasty judgment may be avoided. How- 
ever mindful he may be of his office as teacher, he must never 
forget the demands of Christian charity; he should never let 
himself be drawn into disputes which lead to nothing, still 
less should he provoke them; he should never be carried away 

111 Cf. Primer, Moraltheol. p. 121 ; Heiiier, a. a. O. § 53, p. 53. 

112 Cf. S. Thorn, ir. II. Q. 11, art. 1; Suarez, De virt. Theol. Disp. 19, 
Sects. 1 and 5. 

113 Pastoral Theology, a. a. O. § 57, p. 158. 



THE PAPAL EESEMVED CASES 329 

by violence. Positive assent to a dogma he ^hould only demand 
when his office forces him to do so. He should, especially in 
the confessional, take for granted that he who believes in the 
Church, beheves also in her dogmas. He should not put tempt- 
ing questions. He should remember that many howl with the 
wolves without really knowing w^hat the howding is about, 
being merely anxious not to lose the nimbus of hberalism. He 
should make the way of those who are returning as smooth as 
is possible without violating the laws of the Church. The 
retractation extra confessionale, which cannot be dispensed 
with, may often be clothed in a form which is not wounding to 
self-respect, and is yet valid. Intimations to this effect have 
been forwarded in a confidential manner to their clergy by dif- 
ferent Ordinaries, who were moved by a judicious zeal for the 
salvation of souls." To this class belong also the "Credentes," 
that is, those who give credence and who — without formally 
professing heretical doctrine, without pertinacia, or without 
sufficient knowledge, pose as heretics — openly profess assent 
to a heretical doctrine by word, sign, or action explicitly or 
implicitly, in a general way. To these also belong the " Re~ 
ceptores,'' those who afford to apostates or heretics, but only as 
apostates and heretics (quatenus hcBretici et non ex. gr. qvxx fures 
sunt) shelter and receive or conceal them in order to protect 
them from punishment for heresy; to these also belong the 
fautores, those who in any way render assistance (per omissionem 
or per commissionem) to apostates or heretics. Finally, we may 
mention the defensores, those who, in any way, by force or by 
cimning, by word or by writing, protect heretics as such, or 
their doctrines or their books. 

2. All those who, without permission of the Holy See, know- 
ingly read, print, keep, or in any w^ay defend the books of the 
above-mentioned apostates and heretics, if the defense of heresy 
is the subject-matter of these books; as, also, the readers, 
printers, possessors, or defenders of those books which, by a 



330 THE MINISTER OF THE SACRAMENT 

Papal document (Encyclical, Brief, or Bull) are, by name (that 
is, by statement of the title of the book), forbidden. 

(a) The Readers. Reading here must be understood as a 
moral not merely a physical act, when, for example, the reader 
understands nothing of the language ; ^" in this kind of reading 
must be included causing a book to be read to one (not merely 
listening, however sinful the latter may be) since, where there is 
eadem ratio also eadem est juris dispositio.^^'^ Moreover, in order 
to incur the censure, it is necessary that a part sufficient to con- 
stitute a mortal sin, about a page, be read ; ^^® that the reachng 
should take place scienter, that is, with knowledge that the book 
has been written by an apostate or heretic ; finally, it is requisite 
that it should defend heresy and that the reading or keeping should 
take place without authorization from the Holy See. (h) The 
readers of hooks in the proper sense of the word, be they written"^ 
or printed, not of merely printed matter, as brochures, pam- 
phlets, newspapers, periodical sheets, etc., although the reading 
of such products of the day may often be, and very often is, 
more dangerous to faith and morals than the reading of a bad 
book, and there is no doubt that the reading and keeping of such- 
literature is always a great sin, being an offense against the 
natural law."^ (c) The Retinentes, that is, all those who know- 
ingly retain in their possession for some time, either in their 

11-1 Cf . Suarez, De Fide, 20, 2, 18. i^^ Regiila juris in YI. 

116 The gracitas materice is here to be estimated both ex re qme tractatur 
and ex quantitate : if the exposition or defense of a heretical doctrine is 
read, the half, or the third, of a page suffices. 

11'^ Some authors, as d'Annibale and Melata, restrict the censures to printed 
books. 

11^ But if these lesser publications are parts of a book of the same con- 
tents, they are (subject to the above-mentioned conditions) in the category 
of forbidden books, especially if they are bound together in one volume.. 
Periodical publications, therefore, of which every separate number is regarded 
as a part of the whole yearly issue, fall under the reserved censure; but not 
newspapers, as with these there is no question of parts belonging to each 
other, each separate number being regarded as complete in itself. . (Act. S. 
Sed. Vol. YI. fasc. 5, p. 9, Append. 3, p. 183.) 



THE PAPAL UESERVEB CASES 331 

own homes or in that of a stranger, in their own name or in that 
of another, a book forbidden in the manner above specified. 
{d) The Imprimentes, that is, all those who directly cooperate 
or assist, as causce morales or physicce, in printing: authors, 
publishers, printers, (e) The Defendentes, that is, those who 
defend books which are forbidden in the sense specified above. ^^^ 
Accordingly he does not incur this excommunication : (1) who only 
reads or keeps a few separate leaves of such a book or periodicals, 
etc. ; (2) who reads perfunctorily ; (3) who reads from necessity, 
to be able to refute a heretic, and was not able previously to 
procure the necessary permission ; (4) if his reading is only a phys- 
ical act, without his being able to understand anything; (5) if 
he keeps a book for a short time only, for example, a day or two, 
or only till he has obtained the permission requested, or if he 
has no opportunity of giving the book to the Superior.^^" 

119 It remains to be remarked that the ten rules of the Index itself are 
not touched by this ordinance of the Bull, but that the Excomm. lat. sent. 
attached at the end of the regul. X falls away, as it was not directly attached 
by the Council of Trent itself, but by Pius IV. Consequently the reading 
and keeping of heretical books, or of such as are condemned by a decree of 
the Congregation of the Index remains, indeed, still forbidden in the future, 
but the punishment of the now specially reserved excommunication is 
incurred only in two cases: (a) when the author of the book is an apostate 
or a heretic, and the book, moreover, not only contains heresy, but ex pro- 
fesso defends it, and (6) when the latter, be the author who he may, is, with 
exact specification of the title, forbidden by a Papal Brief, or a Bull, or an 
Encyclical Letter. Although the Constitution Officiorum ac Munerum of 
Leo XIII (25 Jan., 1897) has considerably mitigated the prohibitions of 
Clement VIII, Alexander VII, and Benedict XIV, in regard to the reading 
and propagating of noxious literature, nevertheless the warnings against 
the intellectual and moral dangers of bad books, which the Index Congre- 
gation addresses to Catholics, retain their full force. The confessor should 
of course remember that the censures attached to the reading of forbidden 
books are applicable only where there is a conscious violation of the prohi- 
bition; furthermore, that not only ignorance, but also a general consuetudo 
lessening the danger to faith or morals, constitute a mitigating circumstance 
which demands wise discrimination on the part of confessors who apply the 
laws of the Index. Few Catholics in English-speaking countries know what 
books are on the Index, and that fact itself is a reason for moderate judg- 
ment. 1^0 Cf. S. Alph. Lib. VII. nn. 295. 284, 292. 



332 THE MINISTER OF THE ISACRAMENT 

3. Schismatics and all who obstinately refuse obedience to 
the reigning Pope. 

4. All those who, whatever their position may be, or the 
dignity they may hold, appeal from the injunctions or orders 
of the reigning Popes to a future general Council ; moreover the 
aiders, advisers, and favorers of such. 

5. All those who kill, maim, strike, take prisoner, or keep 
prisoner, or persecute in hostile manner cardinals, patriarchs, 
archbishops, bishops. Papal legates, or nuncios; those who 
expel them from their dioceses, or lands belonging to them, 
or estates in their possession ; as those also who order or sanc- 
tion such acts, or give help, advice, or encouragement in their 
execution. 

6. Those who directly or indirectly hinder the execution of 
ecclesiastical jurisdiction and who, for this purpose {ad hoc),^^^ 
apply to the secular power, as well as those who cause or publish 
the commands of such persons, or afford help, advice, or coun- 
tenance in such proceeding. The ecclesiastical juridical power 
is the lawful competence of the Church to govern her subjects 
in respect to everything that belongs to their eternal welfare. 
This power is exercised in foro externa and interno. The Exer- 
citium ordinis (consecrare, henedicere, etc.) is to be distinguished 
from the Exercitium jurisdidionis. 

7. Those who directly or indirectly compel secular judges to 
cite ecclesiastical persons before their tribunal contrary to ca- 
nonical regulations (unless it should be the case that ecclesiasti- 
cal regulations, either general or particular (Concordats) allow 
this), as well as those who issue laws or regulations against the 
freedom or rights of the Church. This canon refers to condi- 
tions which, though still extant in certain parts of Europe, have 
hardly any force in the United States and other missionary 

121 This does not add a new condition for incurring the censure leveled 
against the impedientes exercitium Jurisdictiojiis, but only introduces another 
class of the same offenders (as Avanzitii and Heiner, p. 87, assume). 



THE PAPAL RESERVED CASES 333 

countries; it protects the privilegium fori of clerics, and in a 
general way the freedom and rights of the Church/^^ 

8. Those who apply to the secular power to prevent the execu- 
tion of decrees or of any acts proceeding from the Holy See or 
its legates or delegates, as also those who directly or indirectly 
actually prevent the promulgation or execution of such, or w^ho, 
on account of these decrees or acts, injure or threaten others 
(agents, mandatories). 

9. The forgers of Papal documents, the promulgators or 
subscribers of such forged Papal documents ilitterarum Apos- 
tolicarum etiam in forma Brevis ac supplicationum gratiam vet 
justitiam concernentium) . 

10. Ahsolventes complices in peccato turpi, etc.; see § 46. 

11. Those who usurp or sequestrate (jurisdictionem) rights of 
jurisdiction (secular rights appertaining to the Church by virtue 
of any legal titles, for instance, fiscal rights, etc.), the goods or 
revenues of ecclesiastics, which belong to them ratione suarum 
ecclesiarum aut heneficiorum (that is by virtue of their ecclesias- 
tical position). 

Mere thieves and even robbers of Church property, accord- 
ingly, do not come under the censure here pronounced, as they 
cannot be classed under the definition either of usurpantes or 
sequestrantes (cf. S. C. Inq. 9 March, 1870), nor does the pur- 
chasing by contract of such goods from usurpers come under it. 
But the latter is subject to the Tridentine censure, the censure 
reserved simply to the Pope (cf. S. C. Off. 8 July, 1874). Whether 

122 As to the disputed question whether one is included amongst the 
cogentes who denounces and prosecutes a cleric before the civil court, so that 
the judge, in consequence of this denunciation, is officially compelled to 
summon the accused cleric, and pronounce sentence upon him according to 
the provisions of existing law, we refer the reader to Heiner, who discusses 
this point. According to him, the sententla communior et fere covtmunis 
teaches that such a one falls under the censure, while the negative opinion 
is not improbable. Moreover, a declaration of the S. C. Inq. 23 Jan., 1886, 
favors this latter opinion. Cf. Aertnys, 1. c. Lib. VII. Tract. 1, n. 82; 
d'Annibale (Melata) Manuale Theol. :\Ior. p. 260. 



334 THE MINISTER OF THE SACRAMENT 

the property of monasteries is included, is a matter of contro- 
versy; the property of pious foundations is not included. The 
estates of monasteries fall under the Tridentine censure. 

12. All those who, themselves or through others, attack towns, 
territories, or villages, belonging to the Roman Church, destroy 
or occupy them; as also those who arrogate to themselves 
supreme administrative power in these places, disturb or stop 
the execution of such power, and those who afford help, advice, 
and countenance in such work. 

13. Accordingly, the canons and dignitaries of vacant cathe- 
dral churches, and, in the absence of a Chapter, all those who 
are competent to appoint a vicar-capitular, or to govern the 
bereaved diocese themselves, incur the excommunication spe- 
cially reserved to the Pope, as well as suspension of the revenues 
of their benefices, if they presume to admit a bishop elected by 
the Chapter, or one presented by the secular power, for the 
government and administration of the vacant church before 
these persons have accredited themselves by submitting the 
Papal documents bearing upon their appointments, — and that 
for so long as the Apostolic See may think proper to keep this 
suspension in force; moreover, those chosen or nominated and 
presented for vacant churches who presume to undertake the 
government and administration of these churches ex concessione 
et translatione, de qua supra (that is, before this submitting of 
credentials), as well as all those who have obeyed, or given help, 
advice, or countenance to such acts, cujuscumque status, con- 
ditionis, prcE-eminentice et dignitatis fuerint. To this is added: 
When any one of the above-named persons is invested with the 
dignity of a bishop, he incurs the penalty of suspension ah exer- 
citio Pontificalium and of the Interdict ah ingressu Ecclesia^, 
which overtakes him ipso facto ahsque ulla declaratione, and is 
reserved to the Apostolic See.^^^ 

i'-28 Cf. Heiner, a. a. O. S. 124 ff. ; Gury-Ballerini, II. ii. 973. Aertnys, 1. c. 

n. 88. 



THE PAPAL BE SERVED CASES 335 

14. The so-called ''civil government pastors," appointed by 
the State, qui suffragante populo ad parochi sive vicarii ofjicium 
electi audeant sive ecclesice sive jurium ac honormn prcetensam pos- 
sessionem arripere atque obire munia ecclesiastici ministerii, incur 
the same excommunication, in accordance with a solemn decree 
of the Sacred Congregation of the Council (13 May, 1874) /'* 

//. Excommunicationes latce sententice Romano Pontifici sim- 
pliciter reservatcE. 

There are eighteen of these, to which are added one of the 
Council of Trent, and another ex declaratione S. C. Inq.: — 

1. All who publicly or privately teach or defend tenets which 
are condemned by the Holy See under pain of excommunicatio 
latcB sententice, as also those who teach and uphold that the prac- 
tice of asking the penitent the name of the accomplice is allowed. 

To the propositions, the teaching and defending of which 
involves the above censure, do not belong such tenets as are 
simply condemned by the Pope, as those included in the Sylla- 
bus, for example, or which are interdicted under other censures 
and penalties. 

2. Those who, incited by the devil (suadente diaholo), lay 
violent hands on clerics, or rehgious, unless the power of abso- 
lution is accorded to the bishops or others, either jure or 
privilegio. The words suadente diaholo imply that there is 
question of a grave sin. This censure is, accordingly, not in- 
curred if the percussio take place either oh legitimam sui defen- 
sionem, vel oh justam suhditi Clerici correptionem, vel ex joco aut 
casu fortuito vel ex suhita ira, vel ex ignorantia that the person 
struck is a cleric. On the other hand, the censure extends also 
to impuheres and the efjicaciter cooperantes}^^ 

124 Heiner, a. a. O. S. 127 ff. 

12^ Cf. Aertnys, 1. c. n. 945. The bishop can jure absolve, if the percussio 
was levis, etiam puhlica (thus the vicars-general also can absolve), and when 
the percussio., no matter whether enormis, gravis, or levis, is a delictum occul- 
tum. The Prcelati regulares can, ex privilegio^ absolve their subordinates 
from this censure. 



336 THE MINISTER OF THE SACRAMENT 

3. Duellists, even when they only challenge to a duel, or 
accept the challenge, and all accomplices and abettors. The 
censures attached to the duel are, therefore, incurred by: — 

(1) the duellists themselves, whether the duel takes place 
with or without w^itnesses> whether wounding follows or not; 
(2) the challengers to a duel, even when the challenge is not 
accepted; (3) he who accepts the challenge, even w^hen no duel 
takes place, and w^hen the parties to the proposed duel do not 
meet; (4) the seconds, those w^ho accompany the duellists, 
and in fact all those who afford countenance and assistance to 
them, and w-ho, by advice, or in any other way, make them- 
selves accomplices; (5) the spectators w^ho to that end, and 
of set purpose, repair to the scene of the encounter, as such 
onlooking is a further incitement to the encounter; (6) the 
persons in authority w^ho permit this, and, as far as in them 
lies, do not forbid it. 

4. Those who belong to the sect of the Freemasons or Car- 
bonari or to other sects of the kind (Fenians in America and 
Ireland) ^^® who agitate either openly or in secret against the 
Church or the lawful government, as w^ell as all w^ho in any 
way countenance these sects, or do not denounce their secret 
heads and leaders (to the local ecclesiastical superiors) when they 
clearly realize their duty of denouncing. Political partisans, 
so long as they employ only the means which 'modern public 
law places at their disposal in their endeavors to realize their 
ideal of the future social state, do not incur this censure. 

5. The violators of the rights of the sanctuary. 

6 and 7. The violators of the inclosure in monasteries and 
convents. Only the violation of the so-called Papal inclosure, 
that is, the inclosure prescribed by general ecclesiastical law to 

126 By a decree of the S. O. 20 Aug., 1894, the American societies of Odd 
Fellows, Good Templars, and Knights of Pythias were condemned ; v. 
Riicceroni, Suppleinentiim bibliothec?e; Ferraris, s. y. Sectarii; S. C. Inq. 
12 Jan., 1870. Cf. Gen. Index Ecclesiastical Review. 



THE PAPAL RESERVED CASES 337 

the Orders with solemn vows, brings with it the excommunica- 
tion here mentioned; not the violation of that inclosure which is 
observed in the more recent Congregations of men or women 
either on account of their rules, or of a particular vow, or also 
in consequence of a regulation of the local bishop. Not only 
do the violators of the inclosure incur the excommunication, 
but all, Superiors or others, who, without lawful reasons, 
permit entrance. 

8, 9, and 10 refer to simony : real (8) ; confidential (9) ; in 
the bestowal of benefices, and real on entering a Religious Order 
(10). 

11 and 12 are directed against the abuse of spiritual favors 
for the purpose of unworthy gain, which may take place by 
procuring for one's self: (11) material profit in the dispensing 
of indulgences and other spiritual graces, or (12) by collecting 
Mass stipends at a higher price, and having these Masses said 
in places where a lower fee is customary. While number 11 
concerns only the "inferiores Episcopis/' number 12 applies to 
all collectors (colligentes) who procure profit to themselves by 
the above-mentioned proceedings. 

13. Those who alienate and mortgage lands belonging to the 
Roman Church. 

14. Members of Religious Orders who, without permission of 
the local parish priest, presume to administer to clerics or lay- 
men the Sacrament of Extreme Unction, or the Eucharist as 
viaticum; except in case of necessity. 

15. Those who, without lawful permission, remove from the 
holy cemeteries and catacombs of the city of Rome and its 
territories, relics (therefore, only remains of saints, corpora vel 
partes corporis, etiam in minima particula, qu bus induhia mar- 
tyrii signa adjuncta sunt; cf. S. R. C. 10 Dec, 1863), and those 
who help and countenance them. 

16. Those who are associated in crimine criminoso with a per- 
son whom the Pope has, by name, excommunicated, that is, 



338 THE MINISTER OF THE SACRAMENT 

who, by helping or countenancing, take part in the crime on 
account of which the originator was, by mention of name, ex- 
communicated by the Pope. 

17. Clerics who knowingly and without compulsion associate 
in divinis (that is, in the Church's offices) with one by name 
excommunicated by the Pope, and permit such to participate 
in divine service. 

In order, therefore, that this excommunication be incurred, 
the communicatio must be : (a) with a person by name excom- 
municated by the Pope; (6) knowingly and (c) voluntarily. 
According to the general and unanimous explanation the et is 
not to be taken as disjunctive but conjunctive, so that the 
'' communicantes in divinis/' with a person by name excommuni- 
cated, and the "ipsos in officiis recipientes^' are to be interpreted 
as members of a sentence which necessarily belong to each 
other.^" " Divi7ia'' and '^ officia'' are merely synonymous 
terms. 

18. Those who presume, without proper permission, etiam 
quovis prcetextu, to absolve from the excommunications reserved 
speciali modo to the Pope — that is, extra casmn legitimi im- 
pedimenti eiindi Romam. 

19.-. Missionaries who quocunque modo sive per se sive per 
alios engage in commerce in Indiis Orientalihus et America, and 
those Superiors who have not censured their subordinates 
ofiFending on this head. Ex authent. Declarat. S. C. Inq. 4 Dec, 
1872, a Pio IX approbata. 

20. Refers to clerics and laymen quacunque dignitate etiam 
imperiali aut regali who unlawfully appropriate jurisdictions, 
interests, rights, also fiefs and hereditary tenures, incomes, 
usufruct, or revenues from any church or benefice, from the 
montes pietatis and other pia loca. (This is an extension of the 
number 11 above, in section I of the Censures.) ^^^ 

127 Heiner, a. a. O. S. 226 ; Aertnys, 1. c. 103. 

128 Cf. Trid. Sess. XXII. cp. 11 de ref. 



THE PAPAL RESERVED CASES 339 

///. Excommunicationes Ordinariis Reservatce }'^^ 

1. Clerics in major Orders, monks, and nuns, who, after hav- 
ing taken the solemn vow of chastity (not the simple) dare to 
contract marriage, as also all who attempt to perform the mar- 
riage rite over the above-named persons — such marriage being 
of itself invalid. 

2. All who cause abortion/^^ 

3. Those who knowingly make use of forged Papal docu- 
ments, or lend assistance in this crime. 

IV, Excommunicationes non Reservatce. 

1. Those who order or insist with force that notorious here- 
tics or those by name excommunicated, or by name interdicted, 
should be buried with the rites of the Church. 

2. All those who injure or threaten the inquisitors, accusers, 
witnesses, or other servants of the Holy Office in the perform- 
ance of their duty, or who steal or destroy the official documents 
of this Office, or who afford help, advice, or countenance in 
any one of these actions. 

3. This excommunication falls upon the vendors (alienantes) 
or receivers {recipere prcesumentes) of Church property who 

^29 By the name " Ordinarii" are to be understood not only the bishops 
and capitular-vicars, but also vicars-general, ProRlati regulares and others 
who possess episcopal jurisdiction. The confessarii regulares also can absolve 
from this class of excommunication inforo conscientice. Pius IX has* only 
revoked the privileges to absolve a caslbus R. Pontijici reservatis ; ex sententia 
prohabiliori. Regulars can, ?;i complurium prlvileyiorum a S. Sede concessorum, 
absolve from the censures reserved by the common law to the bishops. Cf. 
S. Alph. 1. c. 11. 99, and De Privil. n. 100. Those censures are excepted which 
the Ordinaries have reserved to themselves. 

1^° It is veru>< ahorlus which is here punished, that is,_/lE^u.s innnaturi fjeclU) 
adeo ut mors ipsius mde secuta sit, therefore, not the partus prcematurus foetus 
vitalis, when procured for just motives. Pius IX abolished the old distinction 
hetween foetus animalus et inanimatus. It is the procura'io abortus, moreover, 
that is punished, that is, per se sive per alias interpositas personas — studiose or 
ex industria. The censure is, therefore, not incurred by one who employed 
the means without the effect resulting. Compare Heiiier, a. a. O. S. 243 ff. ; 
Aertnys, 1. c. n. 109; Theol. Mor. Lib. TIL n. 192; Lehmkuhl, Theol. Mor. 
P. L Lib. IL Tract. II. n. 810 ss. ; P. II. Lib. II. Tract. L n. 970. 



340 THE MINISTER OF THE SACRAMENT 

have not obtained permission of the Pope in the prescribed 
form. 

4. Those who omit to denounce a soHciting confessor (§ 45). 
False denunciation constitutes a Papal reservation without 
censure. 

To these excommunications are added Suspensions and Inter- 
dicts : — 

The Suspensions latce sententice simply reserved to the Pope, 
refer to Ordination which takes place by infraction of definite 
ecclesiastical regulations, and to religious who are expelled from 
their Orders. 

The Interdicts latce sententice affect universities, colleges, and 
chapters, whatever name they may bear, who appeal to a 
future general Council from the regulations or orders of the 
ruling Pope of the time, or who knowingly cause religious 
service to be held in interdicted places, as also those who 
admit persons excommunicated by name to religious service, 
to the holy Sacraments, or to burial with Church service, and 
that till the ecclesiastical Superior whose orders have been 
disregarded has received satisfaction. 

44. Absolution of Reserved Sins. 

I. All those who can reserve sins may, of their ordinary power 
{ordinaria potestate), also absolve from them; therefore : (1) those 
who have reserved, (2) their successors in the same office, and 
(3) their Superiors. 

With delegated authority (potestate delegata) those can absolve 
who have received a special faculty from the person reserving, 
or his successor or Superior, and that only within the limits com- 
prised in the power conferred. 

II. The bishops and their delegates can, according to common 
law, absolve (1) all penitents from the secret Papal reserves, 
with the exception of those which are, speciali modo, reserved 



ABSOLUTION OF EE SERVED SINS 341 

to the Pope ; ^^^ and (2) according to the general teaching of 
theologians, which is based upon the ecclesiastical law itself, 
those penitents who are prevented from going to the Pope, from 
aZZ Papal reserves, secret or public/^^ 

According to the general interpretation of the Council of 
Trent, and general custom, the bishop can transfer to another, 
by free choice {vicarius ad id specialiter deputandus), his powers 
of absolving from the Papal reserves under the specified condi- 
tions. Some bishops, especially those in distant parts, not 
infrequently receive, through the quinquennial or triennial fac- 
ulties, greater powers over cases which are, speciali modo, re- 
served to the Pope. But whether they can also transfer these 
powers and how, — whether generally or only in separate cases, 
— must be gathered from the document by which these privi- 
leges are conferred. 

Formerly Regulars could, by virtue of a perpetual privilege, 
absolve from all cases reserved, ordinario modo, to the Pope; 
this privilege has been withdrawn by the constitution " Apo."^- 
tolicce Sedis.'' ''' 

III. If a priest who is not empowered to absolve from reserved 
cases hears a reserved sin in the confessional, he must, as a rule, 
refer the penitent to the Superior, or to another priest delegated 
by hi^. But if the confession must of necessity be made just 
at that time, and if there is any obstacle in the way of going to 
another, the unauthorized confessor can absolve directly from 
the non-reserved, and, consequently, indirectly from the reserved 

131 Cf. Trid. Sess. XXIV. de ref. cp. 6, "Liceat" and the Constit. Apos- 
tolicse Sedis Pii TX. 

132 Cf. S. Alph. Lib. VII. n. 84. Corpus jur. can. cp. '' Eos qui " de sent. 
excomm. in 60. Whether bishops and others possess still greater powers, is 
to be gathered from the special faculties which the Apostolic See may have 
granted them. 

133 Cf. Ballerini Op. Theol. Mor. 1. c. cp. II. De Reservat. cas. n. 772 ss. ; 
Lehnikuiil, 1. c. n. 411, ad II. Concerning the privilege of the Mendicants 
as regards the absolution fi'om the Casus Episcopal., and from the Casus qui 
Episcopis tantuiii a jure resercatur, see Ballerini, 1. c. 



842 THE MINISTER OF THE SACRAMENT 

sins. But the penitent must confess, in addition to reserved 
sins, others which are not reserved, or confess again a sin al- 
ready confessed, in order that the materia Sacramenti may not 
be wanting. It is, however, afterwards the duty of the penitent 
— if it is possible to him — to confess the reserved sin to the 
Superior, or to a priest designated by him, or, as the case may 
be, to the same confessor after the latter has received power to 
absolve from the sin in question, in order that he may be 
directly absolved from the reserved sins.^^^ 

134 Formerly, in accordance with the prescription of the canon law, the 
teaching universally held was that (a) one who is prevented during a very 
long time, or always (live years or longer) from going to the Superior or his 
delegate, is absolved by a subordinate priest without any further obligation, 
and (/>) one who is prevented for a long time (from six months to five 
years) is absolved, with the duty of presenting himself before the Supe- 
rior when the obstacle is removed, wiiile one who is prevented only for 
a short time may not be absolved from reserved sins; but if necessity 
urges hie et nunc, absolution for the non-reserved sins can be given him, 
so that the reserved sins may be indirectly blotted out, the obligation of ob- 
taining absolution from the reservation or censure from the Superior or dele- 
gated priest remaining in force. This theory was based upon the assumption 
that he who was not able to appear before the Pope was not bound to employ 
any other means of communication (a letter, for example) unless this were 
expressly prescribed by the legislator. Moreover, on July 8, 1860, in an- 
swer to the question : Are penitents who are prevented from going to Kome 
in person bound to seek absolution from reserved cases at least by letter or 
through the agency of another? the S. C. Officii replied that the decision of 
approved authorities, especially of St. Alphonsus of Liguori, should be ad- 
hered to. Now the latter teaches (Lib. VII. n. 89) as sententia prohahilior et 
communis, that one is not bound to this. On June 23, 1886, another line 
of conduct in this matter was prescribed by the S. Officium. The questions 
there put were : 1. May one positively adopt and act upon the teaching 
that the absolution from reserved sins and censures, also from those speciali 
modo reserved to the Pope, devolves upon the bishop, or upon any approved 
priest, when the penitent finds himself unable to go to the Pope? 2. If the 
answer to this question be in the negative, is one obliged to communicate by 
letter with the Prefect of the Penitentiary with regard to all cases reserved 
to the Pope, if the bishop has not a special Indult (the hour of death ex- 
cepted), in order to receive the faculty to absolve? To these questions the 
above-named Congregation returned the following answer sanctioned and 
confirmed by the Pope (30 June, 188G) : Ad I. With regard to the practice 



ABSOLUTION OF RESERVED SINS 343 

But the confessor can also apply to the Superior and fronri him 
obtain powers for this special case to absolve the penitent from 
the reserved sin; this must, of course, be done with the most 
careful and strict observance of the secrecy of the confessional. 
Indeed, it is highly to be recommended in our days that the 
confessor should not refer the penitent to the Superior or to 
another priest with the requisite powers, but should rather him- 
self procure from the Superior the necessary powders to absolve 
the penitent, even when the latter has no long or difficult 
journey to make in order to reach the Superior. For, if the peni- 
tent goes himself, the duty of confessing his sins again is incum- 
bent upon him, and to confess such a sin again requires from most 
penitents great self-command : and there would be fear of his 

of the Sacred Penitentiary, especially since the appearance of the apostolical 
constitution of Pius IX which begins with the words '• ApostoUcce Sedi ," 
Negative. Ad II. Affirmative ; but in the really more urgent cases in which 
the absolution cannot be deferred without danger of great scandal or dis- 
grace, as to which the confessor is answerable to his own conscience, the 
absolution can be administered, injunctis <le jure Jiingendis, also from the 
censure speciali modo reserved to the Pope; under pain, however, of " reinci- 
dence " in the same censures (that is, nnder pain of again incurring the cen- 
sures) if the person absolved does not, at least within a month, and thi-ough 
the confessor, apply to the Holy See. (Linzer Tlieolog. prakt. Quartalschrift, 
1887, S. 380. See Lehmkuhl,"^ 1. c. n. 410; Miiller, 1. c. § 145; Bucceroni, 
Enchirid. Morale et Supplementum. Compendio Theol. Mor.; Gury-BaUerini, 
Commentar. lY. p. 224 ss.; Ballerini, Op. Theol. Mor. 1. c. cp. II. n. 664, 
Xota p. 356; Aertnys, 1. c. De Censuris, n. 27.) On this Lehmkuhl 
remarks : " The rule laid down by the Apostolic See is clear. It does not 
distinguish between reserved cases with censure and without censure, and to 
follow it is now everywhere allowed, without waiting for a further promul- 
gation, in all Papal reserved cases ; indeed it seems to be becoming a general 
rule." (L. c. n. 413.) Ballerini adds the remark : Ergo (1) urgente ratio- 
nahili causa, quilihet confessarius absolvit a censura, censurce autem absolutio non 
est nisi directa : cessante autem censura cessat reservatio peccati, a quo proinde 
Confessarius directe absolvit. Absolutio jjroinde, quce in casibus urgentibus di- 
ferri non posse dicitur, est absolutio directa. Jam vera vides (2) heic de absolu- 
tione indirecta a peccatis reservatis, quia in casibus urgentioribus succurri potest 
necessitati poenitentis ne verbumquidem Jieri : Nimirum cum necessitaii poenitentis 
succurrendum est, absolutionem directum a reservatis dandam esse et hunc esse 
Ecclesice sensum supposuerunt Patres. , 



3^4 THE MINISTER OF THE SACRAMENT 

changing his mind and not going to the Superior at all. Let the 
confessor, therefore, regard it as a duty of charity /^^ which in 
most cases he must undertake for his penitent, to obtain from 
the lawful Superior the necessary power to absolve from the sin 
or censure confessed to him. But if it is a question of Papal 
reserves, and if the confessor, in a case of really urgent necessity, 
has given absolution, he must, in the name of the person ab- 
solved, apply by letter to Rome, in order that the matter may 
be finally set in order. If the Superior refuses ^'unjustly" to 
grant the faculties for a reserved sin, such refusal is unlawful; 
indeed, he sins if, without any valid reason, he makes difficulties 
about imparting the faculty, and when great detriment to the 
subject is to be feared from the refusal, he sins against charity 
and justice. But if the penitent could without difficulty con- 
fess to a delegated priest, and if there were law^ful ground ^^^ for 
obliging the subject to confess to the Superior, the Superior 
could without doing wrong refuse the faculty. As a general rule 
it is to be observed: that the confessor who seeks faculties for 
the absolution of reserved cases, and the Superior who imparts 
them, should be guided only by consideration for the greater 
welfare of the soul of the penitent; all vain, unworthy motives 
should be out of question.^^^ In case of refusal of faculties for 
absolving, another confessor cannot directly absolve from the 
reserved sin.^^^ 

In requesting power to absolve from reserved sins, the name 
of the penitent, his character, position, or parentage must not 
be mentioned, and everything must be avoided that might be- 
tray him. Without naming the person the reserved sin is indi- 

135 Cf. S. Alph. Lib. VI. n. 584, Praxis Confess, n. 80. But see Balleriiii 
on this point. Op. Theol. Mor. 1. c. cp. II. n. 664. 

136 Lugo, 1. c. ; Ballerini, ]. c. n. 694. 

137 Cf. S. Alph. Lib. YI. n. 586 ; H. A. n. 134. 

138 Laymann,L. V. Tr. (),c. 13; Lugo, Disp. 29, nn. 188 et 20, n. 141 ; Suarez, 
De Toen. Disp. 30, s. 4, n. 8 ; Busenbaum, 1. c. n. 105 ; Ballerini, Op. Theol. 
Mor. 1. c. cp. IL nn. 688, 689. 



ABSOLUTION OF RESERVED SINS 3-i5 

cated, or else the number only which the sin in question bears 
on the official list of reserved cases, followed by the request for 
faculties to absolve. Instead of this, one can, for the special case, 
request the power to absolve from all the reserved sins among 
which the one in question is contained. The instructions given 
by the Superior upon application are to be accurately followed ; 
the document containing them is to be carefully sealed and after- 
wards burnt. The priest who dispatches it, of course, gives his 
name and address, writing on the envelope the superscription 
^' Pro foro internoJ^ The envelope, with the request thus sealed, 
is inclosed in a second envelope, which must likewise be sealed, 
and this one is addressed to the Ordinary or vicar-general. ^^^ 

In order that the object of the reservations may be attained, 
the Superior and his delegate must admonish the penitent with 
greater earnestness, impose a more severe penance than ordi- 
nary upon him, and prescribe special remedies, in order that he 
may be preserved from relapse. 

To the above we add : — 

1. The difference between direct and simply indirect absolu- 
tion is the following : he who is only indirectly absolved cannot 
as he pleases receive holy communion or say Mass (at least not 
when he remains under the censure), but only when, in individ- 
ual cases, there is urgent necessity for the reception of commun- 
ion or for saying Mass. 

2. The duty of appearing before the Superior is undoubtedly 
binding under grave sin ; and when it is a question of a censure 
from which one has been absolved with the obligation of pre- 
senting himself before the Superior the duty remains in force, 
under pain of falling again under the same censure. 

3. When there is question of the duty of applying to the Pope, 
the Sacred Penitentiary, or the Cardinal Grand Penitentiary is 
understood, as this tribunal acts instead of the Pope in matters 

13^ Schneider, Manuale Sacerdotum contains formularies for the request. 



346 TEE MINISTER OF THE SACRAMENT 

of conscience, after the manner of a munus perpetuum, the Pope 
being neither accustomed to, nor able personally to, receive all 
petitions. 

4. ''Casus urgentiores, in quihus absolutio differri nequit absque 
periculo gravis scandali vet infamice/' are the following : (a) when 
the penitent cannot stay away from holy communion or, as the 
case may be, omit the celebration of holy Mass, without causing 
scandal, or without giving rise to grave suspicion against him- 
self ; (h) when the duty of yearly confession is to be fulfilled, or 
when the penitent would otherwise remain a long time in grave 
sin."« 

5. According to the teaching of St. Alphonsus,^^^ the follow- 
ing persons are considered as prevented, or, as the case may be, 
exempted forever, from going to Rome : (a) those who are not 
able of their own right to undertake a journey to Rome; 

(5) those who are too poor to provide the requisites for such 
a journey; and (c) those who are in weak health, and unequal 
to the exertions of the journey. It is true travehng conditions 
are different now, and the obstacles which St. Alphonsus con- 
sidered valid in his day can no longer be allowed to hold alto- 
gether good, but it is easy to gather from what the holy Doctor"^ 
says upon the point when an obstacle may still be regarded as 
legitimate. Accordingly, the following are to be considered as 
laboring under a perpetual impediment of appearing before this 
Superior for absolution, always with the understanding that 
their circumstances remain unchanged for a period of five years 
or more : (a) children who are still under paternal authority ; 

(6) members of Religious Orders (except when they have been 
guilty of some extraordinarily grave crime) ; (c) old people of 
more than sixty years; (d) those who are in the position of 
servants or in similar situations ; (e) poor persons, who are not 
accustomed to gain their maintenance by begging; (/) pris- 

140 S. Alph. 1. c. n. riSi. 141 Lib. VTT. n. 88. 

142 Cf. Mazzotta, De Poenit. Q. 3, c. 3, § 1. 



ABSOLUTION OF RESERVED SINS 347 

oners ; (g) sick persons and weak persons ; (h) those who hold 
a public office, or provide for a family, and cannot be replaced 
by a substitute ; (i) women, except those who, in a special case, 
have incurred a reserved censure, as, for instance, the violation 
of the inclosure, in which case application by letter must always 
be made to the Pope; (k) those not of age; and, finally, (/) all 
those who cannot undertake this journey without great moral 
or bodily harm, either to themselves or to those belonging to 
them. The questions as to whether one who has committed 
reserved sins must, in the absence of an authorized confessor, 
confess to a simple one, in the case of his having to say Mass or 
communicate, or whether it suffices to elicit contrition, — and 
whether the penitent who has committed both reserved and un- 
reserved sins must accuse himself in the confessional of the re- 
served sins as well, — formerly discussed by theologians, are 
solved by present usage. As the penitent under existing legis- 
lation can be directly absolved from censures and sins (though 
with the duty of applying to the Roman tribunal), the rule 
now is that the penitent must immediately confess all his 
sins.^^^ 

IV. In the hour of death every reservation ceases, and any 
confessor may then administer absolution. And a simple, that 
is, unauthorized, confessor, can absolve a penitent in articulo 
mortis from reserved sins even when the Superior is present or 
is easily accessible, since the Council of Trent has expressly de- 
clared that in articulo mortis there is no reservation. Moreover, 
no obligation must be imposed upon the dying person in case of 
his restoration to health, unless perhaps he should owe to some 
other person a debt of satisfaction or restitution. If, however, 
it is a question of reserved censures, the confessor who possesses 
no power to absolve from these must impose the duty, in case 
of recovery, of appearing before the Superior; in this case it 

143 See Ballerini, Opus Theol. Mor. 1. c. cp. IT. n. 667 ss. ; S. Alph. Lib. 
Vr. n. 265. 



348 THE MINISTER OF THE SACRAMENT 

would, of course, be advisable to set the matter in order at once 
with the Superior if he be present or easily accessible. 

With regard to the absolution of reserved cases the following 
questions remain to be discussed : — 

1. Is the reservation of sins removed by an invalid absolu- 
tion which the Superior, or a priest authorized by him, has 
administered? In answering this question theologians set up 
the following distinctions: (a) If the absolution was invahd 
without fault on the part of the penitent, and if the latter con- 
fessed all his reserved sins, the reservation is removed according 
to the usual, and intrinsically well-founded, opinion of theolo- 
gians: in this case the penitent has fulfilled the object of the 
reservation if not that of the Sacrament, by submitting the re- 
served sins to the judgment of the Superior, or, as the. case may 
be, of the authorized priest. (6) And even if the confession 
were sacrilegious, the reservation is, according to the not im- 
probable teaching of many theologians, removed, and that on 
the ground just alleged. This teaching, however, cannot be 
extended to the confessor who absolves from reserved sins vir- 
tute juhilcei, as, at the time of a Jubilee indulgence, the confessor 
does not possess the faculty to absolve all penitents from 
reserved cases, but only the vere pcenitentes, who wish to gain 
the Jubilee indulgence ; but those who, of their own fault, make 
the confession invalid, are certainly not of that^class. 

2. When the penitent through forge tfulness has omitted to 
confess a reserved sin, the reservation is removed, according to 
an opinion which St. Alphonsus, following Lugo, characterized 
as the most common among theologians and as probable, so that 
any confessor could, afterwards, directly absolve from these re- 
served sins, and this is presumed to be the intention of the Supe- 
rior as regards the properly disposed penitent. On the other 
hand, not a few theologians, among them Suarez,"^ teach that 

144 Disp. 31, Sect. 4, n. 14, et seq. and n. 16. 



ABSOLUTION OF RESERVED SINS 349 

in the above case the reservation is not removed, and St. 
Alphonsus designates this opinion as the more probable, and for 
the very strong reason that (as he says) a reservation is only 
removed by being submitted to the judgment of the Superior, 
in order that the object of the reservation may be attained. 
This latter opinion certainly deserves the preference in view of 
the argument alleged; but the following cases are excepted: 
(1) when one may assume from any positive sign that the Supe- 
rior wished to remove the reservation; (2) when the penitent 
went to the Superior or to an authorized priest for the purpose 
of being absolved from all reserved sins, and declared this wish 
to the confessor; (3) when a privilege was granted in favor of 
the penitent, such as either expires with an official act, or is 
limited to a definite period, as, for example, at Jubilee time. 
To these Suarez adds a fourth exception — when (4) the reser- 
vation refers only to the censure, ^^ because in order to absolve 
from a censure, it is not necessary jper se et directe, to know the 
matter in question accurately in detail, but the general inten- 
tion of absolving from all sins, reserved included, to the extent 
of the confessor's power and the penitent's necessity is sufficient 
for the purpose /^^ But if the penitent has, through his own 
fault, failed to confess the reserved sin, the reservation is cer- 
tainly not removed, as one cannot here assume that the Superior 
annuls it."^ 

3. It is not allowed to absolve a penitent only from the 
reserved sins and for the rest to send him to another con- 
fessor. Nothing can justify such a proceeding."^ 

4. If a penitent has confessed a sin as to the reservation of 
which a doubt exists, the latter is directly absolved by the abso- 

145 Suarez, 1. c. ; Gury, Ed. Ratisb. II. n. 581, Notse ; Aertnys, 1. c. n. 244, 
Q. II. 

146 Cf. Opus Theol. Mor. 1. c. n. 753 ss. ; Gury-Ballerini, II. n. 581, Q. 10, 
et Yindicise Alphons. pp. 572-578. 

147 Cf . Prop. 59 damn, ab Innoc. XI ; S. Alph. Lib. VI. n. 595 ; Ballerini, 
Op. Theol. Mor. 1. c. n. 743. 



350 THE MINISTER OF THE SACRAMENT 

lution administered by a simple confessor. This need not be 
afterwards confessed if it should prove that the sin was undoubt- 
edly reserved."^ 

5. A confessor has applied for powers to absolve the penitent 
from reserved sins; in the meantime, however, after these pow- 
ers have been granted, and before they have been exercised, the 
penitent has again committed the reserved sin or committed it 
several times, or committed other reserved sins — do the powers 
applied for suffice in order to be able to absolve ? If the powers 
are conferred in a general way, say in the following or a similar 
manner : " Facultatera tihi concedimus poenitentem hac vice ahsol- 
vendi a reservatis,^^ the confessor can, according to a very prob- 
able and general opinion, absolve the penitent from all reserved 
sins committed before and after; only the interval between the 
powers conferred and the new reserved sins incurred must be 
no longer than one month, and the powers must not have been 
conferred on account of a festival which is already past. If, 
however, the faculties have been conferred for a definite class 
of reserved sins only without specifying the number, these fac- 
ulties suffice to absolve the penitent (but only to absolve him 
once) from all cases of this kind/^^ 

148 s. Alph. Lib. VI. n. 600, Q. 2; Gury, II. n. 581, Q. II. 

149 S. Alph. Lib. VI. n. 601; •Scavini, Tract. X. Adnotationes, 236. Cf. 
Bucceroni, Jan. Commentarii De Casibus reservatis, RomSe, 1889. 



CHAPTER III 

ABUSE OF POWER BY THE MINISTER OF THE SACRAMENT 

An exalted, indeed a divine, power has God conferred upon 
priests, in authorizing them, as judges of souls in His stead, to 
remit or to retain sins. This power has been conferred upon 
them for the salvation and welfare of souls. It is, therefore, 
greatly to be regretted that we must here speak of an abuse of 
this power. The Church has, alas ! found herself obliged to 
adopt severe measures against this abuse, in order to prevent it, 
but in her severity she shows her zeal for the faithful, and proves 
herself the faithful dispenser of the Mysteries of Christ. There 
are three ways in which the priest may abuse his power in the 
Sacrament of Penance. 

45. Inquiring after the Name of the Accomplice in Sin. 

In a former paragraph (§ 27) we have laid down that it may 
be permissible to reveal indirectly the accomplice of the sin 
{complex peccati) in so far as the complete confession of one's 
own sin may render this avowal necessary, and that, accord- 
ingly, the confessor is also allowed, in order to make the peni- 
tent's confession entire, to ask the circumstances which alter 
the nature of the sin, or to put questions which are necessary 
in order to provide the better for the penitent's spiritual wel- 
fare, questions through which the complex peccati might also 
become known to the confessor. Here we treat of a totally 
different case, viz. the illicit attempt of detecting the name of 
the complex peccati without necessity, and of demanding its 
revelation under threat of refusing absolution. 

351 



352 THE MINISTER OF THE SACRAMENT 

On this point Benedict XIV issued several constitutions ^^° 
which Pius IX confirmed in his Constitution '^ Apostolicce Sedis^' 
(see § 43, p. 326). The motives of the legislation are stated 
thus: many confessors, led astray by false zeal, have intro- 
duced a perverse and pernicious practice in hearing the confes- 
sions of the faithful . . . that when penitents come to them 
who had an accomplice in their sin, they ask these penitents 
indiscriminately for the name of the accomplice. Nor do they 
do this in a kindly manner, by advice ; but they force and com- 
pel them to reveal the name by threats of refusing absolution; 
indeed, not content with this, they even go so far as to 
demand from their penitents that they should mention the dwell- 
ing-place of the accomplice. This absolutely intolerable impru- 
dence they justify by the pretext of care for the amendment of 
the accomplice, and do not hesitate to defend it by certain 
opinions borrowed from theologians, whereas they only falsely 
apply true and sound teachings to their own and their penitent's 
ruin, and, moreover, are guilty before God, the eternal Judge, 
of many and great evils which follow from their work, as they 
should easily have apprehended. Nor could malicious talk and 
scandal fail to arise from this conduct, nor any other result be 
expected than that not only the dispensers of the Sacrament, 
but the sacred Ministry itself, become odious, and the faithful 
perplexed. 

In the second constitution the Pope decrees : — 

1. The excommunication latce sententice, which is reserved to 

the Pope, against all who in future presume to teach that this 

practice is allowed, and against all who orally or in writing dare 

to defend it, or attack, or presumptuously expound otherwise, 

15° In the first constitution addressed ad Episcopos Lusitnnice, the Pope de- 
scribes and condemns the ^rime of inquiring after the name of the complex; 
in the second, addressed to the same bishops, he decrees the punishment for 
the transgressors of the command, and prescribes the Ordo procedendi against 
them; in the tliird constitution he extends the two former decrees to the 
whole Church. 



INQUIRING AFTER NAME OF ACCOMPLICE IN SIN 353 

or distort, what was said against this practice in the first 
Brief. 

2. The suspension from hearing confessions ferendce sententice, 
and other heavy penalties against those who, after the manner of 
the above-described and condemned practice, dare to ask peni- 
tents the name of the complex peccati, or the dwelUng-place, or 
other circumstances imparting a closer or more individual des- 
ignation of this complex, threatening at the same time the refusal 
of the sacramental absolution to the penitent who refuses to 
give information on these points. 

3. The Sacred Office was advised rigorously to proceed 
against those who taught that this practice was allowed, de- 
fended it, etc. (as above indicated), and against the confessors 
who applied this pernicious teaching, when their conduct excited 
suspicion that they adhered to the false doctrine. The Pope, 
therefore, laid upon all (except the penitents in propria causa) 
who knew that a confessor was guilty of this teaching, or of prac- 
tices which excited suspicion — an obligation of bringing the mat- 
ter before the notice of the Sacred Office within a month (under 
pain of excommunication, which is now, however, removed). ^^^ 

The Constitutions of Benedict XIV^ however, as is clear from 
the foregoing, are leveled against the practice of asking peni- 
tents, passim, indiscriminately, who have an accomplice in their 
sin, for the name of the accomphce. The prohibition is, there- 
fore, not an absolute one, for there may be circumstances in 
which it is allowed to demand from the penitent even under 
threat of withholding absolution, the naming of the partner in 
sin. This is the case when the confessor holds at the same time 
another office, such as that of a Superior, by virtue of which he 
can obhge the penitent to reveal to him the authors and accom- 
plices of the sin, in order to punish them as pernicious to the 
general weal. If this is the case, the confessor does not ask for 

151 Cf. Gury-Ballerini, II. n. 500, Notae. 



354 THE MINISTER OF THE SACRAMENT 

the name of the accomphce as confessor but as Superior, and as 
Superior he rightfully demands to know who the accomplice is. 
When, again, the confessor sees that by the concealment of 
the partner in guilt there would arise grave evil which the peni- 
tent is bound to prevent, the latter must, out of regard for the 
general welfare, make known the accomplice in his sin to the 
proper person; but if the confessor is at once convinced that 
the penitent cannot himself communicate it directly to the Su- 
perior, and also that he has no other more suitable person through 
whom he could do so than the confessor himself, the penitent is 
bound to accept this sole remaining expedient, and inform the 
confessor of the accomphce, and the confessor may force him to 
do so under pain of withholding absolution; for, if the peni- 
tent were not wilhng to obey, he would not be worthy to receive 
absolution. ^^ However," Lugo warns us, 'Hhe confessor must 
proceed in this matter with great caution, that scandal may not 
arise in making use of information obtained in the confessional. 
It is, therefore, better to request the penitent to speak to him 
upon the subject outside the confessional." Indeed, it is neces- 
sary to require that the information should not be given him 
under the seal of the confessional. ^^^ 

46. The Absolution of the Complex in Peccato Turpi. 

To preserve the sanctity of the institution of Penance, to pro- 
tect the Sacraments from contempt, and save souls from ruin, the 
Church has laid down the following very salutary regulations :^^^ 

152 Lugo, Disput. 16, nil. 432 sq. ; Ballerini, Not. ad Gury, II. n. 502 ; Lehm- 
kuhl, 1. c. n. 340 ; Aertnys, 1. c. 248, Q. I and II. Although St. Alphonsus 
(Lib. VI. n. 492) admits that the penitent is sometimes obliged to make 
known the complex in order to avert a great evil, yet he dares not maintain, 
in view of the strict prohibition of the Pope, that the confessor is ever 
allowed to ask the name of the complex. He has not sufficiently considered 
the word passim — and the other vv'ords, doctrinas veras et srfnas male appli- 
cando — in the constitution of Benedict. 

15^ Coiistit. Benedict! XIV, " Sacramentum Poenit.," 1 June, 1741, et Const. 
" Apostolici muneris," 8 Feb., 1745; Constit. Pii IX, " Apostolicae Sedis," 12 



ABSOLUTION OF THE COMPLEX IN PECCATO TURPI 355 

I. No priest, whether secular or regular, possesses jurisdiction 
over his complex in peccato turpi against the sixth commandment, 
till another confessor has absolved the complex from this sin. 

According to this, jurisdiction is withdrawn from the confessor 
only in respect to the sin against the sixth commandment which 
he himself has committed with the penitent/^^ Nevertheless, 
this withdrawal of jurisdiction has also the effect that he cannot 
vahdly absolve from other mortal sins which the penitent 
{complex) confessed at the same time with that sin. For the 
Pope has declared absolutely invaUd and void the absolution 
administered by a priest who possesses no jurisdiction over 
such a sin and such a penitent. ^^^ But after the sin of the 
complex has been remitted by another priest, the jurisdiction 
of the unhappy priest over this penitent revives, even with re- 
spect to this directly remitted sin. The Sacerdos complex could, 
therefore, afterwards absolve his complex from sins which the 
latter had subsequently committed — not with him. Such a 
proceeding is, however, to be discouraged, for the sense of shame 
is thereby lost, the reverence due to the Sacrament dies away, 
and the danger of relapse, or, at least, of great temptation, is 
imminent. Such unhappy penitents must, therefore, be ad- 
monished never more to confess to the confessarius complex }^^ 
But what is the confessarius complex to do if the penitent again 
confesses that sin in which the confessor has been complex, 
although it has already been remitted by another confessor? 
If he only confessed this sin, the case would be just as if a peni- 
tent confessed a reserved sin only to a priest not empowered 
for reserved sins; the latter could not absolve, because there 

Oct., 1869. Cf, Bucceroni, Jan. Commentarius in Constitutionem Benedict! 
XIV, "Sacram. Poenit.," Rom^e, 1888; Pars altera, pp. 106-141. 

154 Cf. Declar. S. Poenitent. 16 May, 1877. 

15^ Cf . Constit. " Sacramentiim Poenitentise," 1 June, 1741, Benedict! XIV. 

156 St. Thomas, Supplem. Q. 20, Art. 2, ad 1 ; S. Alph. Lib. VI. n. 555. Cf. 
Gury-Ballerini, Notse ad 587 ; Gury, Edit. Ratisb. Notse ad n. 587 ; Aertnys, 
1. c. n. 249. 



356 THE MINISTER OF THE SACRAMENT 

would be (for him) no proper materia sacramenti}^'^ But if the 
penitent {complex) confessed other sins (in addition to that in 
which the confessor had been his complex) absolution could be 
given/^^ since a priest who is not authorized for reserved sins can 
administer absolution when reserved and unreserved sins have 
been confessed. But then the absolution is, both by the nature 
of the case and the intention of the person absolving, applied to 
the unreserved sins only. There is, moreover, a great difference 
between the two cases, — the confession of the sin in which the 
confessor was an accomplice, and the confession of reserved and 
unreserved sins, — namely, that to absolve a penitent who has 
confessed reserved and unreserved sins, a causa ah integritate 
confessionis excusans must be present, whereas no such reason 
is here necessary in order to submit again to the power of the 
keys a sin already remitted.^^^ 

In some dioceses it was de jure particulari forbidden that a 
priest should ever hear the confession of a complex, saltem copula 
consummata. This prohibition, however, the S. Congr. Concil. 
repeatedly rejected, and when the resolutions of a synod con- 
taining such a prohibition were submitted to it the Congrega- 
tion returned the answer : Tale decretum deleatur, although the 
defenders of the decree adduced much in its justification, and 
emphatically denied the danger of scandal which many main- 
tained would easily arise in little places. Thus, most wisely did 
the Congregation curb undue zeal.^^^ 

But here another and much more difficult question forces itself 
upon us : What is to be done, si alicubi mulier, quoe misere in 
ejusmodi peccatum cum sacerdote lapsa fuerit, nullum alium, quo- 

1^^ Cum jurisdictionem in illud crimen nullam sacerdos complex haheat. Bal- 
lerini, Op. Theol. Mor. 1. c. 

158 ]\[qyi Jinhita ratione peccati illius (in quo complex fait) cujus confesaio ut 
quid impertinent condderanda erit. Ballerini, Opus Theol. Mor. 1. c. cp. II. De 
absoliit. cnmplicis. n. 648. 

^^^ Ballerini, Notfe ad Gury, 1. c. 

1^"^ Cf. Ballerini, Opus Theol. Mor. 1. c. cp. II. De absol. conipl. u. 654. 



ABSOLUTION OF THE COMPLEX IN PECCATO TURPI 357 

cum peccatum illud sacramentaliter confiteatur , sacerdotem ihi 
haheat, but the circumstances of the person and of the place, etc., 
are such that she cannot go elsewhere to confess to another con- 
fessor, and there is no hope of her being able to confess to another 
priest at the place in question (at a mission, for example). Bal- 
lerini declares that it was not the intention of Benedict XIV, 
when he gave his Constitution, that such persons, in the above 
circumstances, should be deprived of the Sacraments of the 
Church their whole life, till in the hour of their death they could 
at last be absolved a sacerdote peccati complice. And might not 
such a person die suddenly without illness preceding? What 
then is she to do when the time for the yearly confession and 
Easter communion has come ? May we say that she can always 
receive holy communion with contritio alone, indeed, that she 
must receive it ? And what if scandal arises among the people, 
and the woman loses her good reputation by its becoming 
known that she has not received holy communion for several 
years? If any one objects that, in this extremity, such a peni- 
tent might be proceeded with exactly as if she had a reserved 
sin to confess, and, therefore, omitting that sin (over which the 
confessor has no jurisdiction), the other sins could be submitted 
to absolution, by which that sin also would be indirectly re- 
mitted, we ask : How and w^hen will this sin be finally submitted 
to the power of the keys ? Great difficulties beset this question, 
and we dare not make a decision supported only by our own 
judgment. 

Two things are, however, clear enough: one is that when 
Benedict XIV withdrew from the confessario criminis complici 
the jurisdiction to administer absolution to the complex ah eodem 
crimine, he certainly removed the occasion of very great scandal, 
but he by no means wished to close to the sinner the way of 
reconcihation opened by Christ to him and to all the faithful; 
indeed, it was precisely in order that this reconciliation might 
be the more certainly and better accomplished by the agency 



358 THE MINISTER OF THE SACRAMENT 

of another priest, that he wished to make the confessarius crimi- 
nis complex incapable of accomplishing it. He, therefore, pre- 
supposed, what generally is the case, that other priests would 
not be wanting, from whom the penitent, by confession and 
sacramental absolution, might obtain remission of her sin. It has 
never been the intention and practice of the Church, by restrict- 
ing jurisdiction for the remission of certain sins and reserving 
absolution for them, to set aside the ordinary means of forgive- 
ness, the sacramental confession of sin, and to supply for this 
by perfect contrition or indirect remission. However ample 
these extraordinary means for obtaining eternal salvation may 
be, yet the Church does not allow that the ordinary dispensation 
set up by Christ for our welfare should be disregarded. The 
Church, therefore, removed all restrictions upon absolution for 
the hour of death, so that all priests can absolve every penitent 
from all sins and censures. We are not, however, to suppose 
that the Church has made this provision solely for the moment 
and the danger of death; she makes other exceptions. ^^^ It is, 
therefore, very far from the intention and the custom of the 
Church so to limit the jurisdiction necessary to the adminis- 
tration of the Sacrament of Confession that it remains restricted 
even when a sinner, during a long time, and still less if during 
his whole lifetime, is unable to have access to a priest whose 
power is not limited. And who, out of fear of an abuse, would 
forbid a priest the dispensing of a Sacrament, or one of the faith- 
ful the reception of a Sacrament, ^\hen the reception of such 
Sacrament appears necessary? When, therefore, necessity de- 
mands the reception of the Sacrament, it is not to be refused 
by the priest nor to be neglected by the faithful. If abuse takes 
place, let the blame fall upon those who would not make good 
use of th^ benefit. ^^^ 

161 Cf. C. Eos qui 22, De Senteut. Excomm. in VI ; C. Ea noscitur 13, 
De Sent. Exroniin., et C. Qnamvis 58, eo I. tit. 

162 Balleriiii, Op. Theol. ^Nlor. 1. c. n. Goo. 



ABSOLUTION OF THE COMPLEX IN PECCATO TURPI 359 

A pari Ballerini teaches that the eonfessarius complex may 
administer absolution from the crimen, in quo ipse complex fuit, 
to the penitent who has no other confessor, and who, if he were 
not absolved by the eonfessarius complex, would be obliged to 
abstain for a long time from holy communion with possible 
scandal to others, and this teaching is in the Commentaries of 
the Acta S. Sedis extended to other extraordinary cases, when, 
during a long time, no opportunity presents itself to the persona 
complex of confessing without evident danger of sacrilege, and 
when, at the same time, evident danger of disgrace or even of 
suspicion arises from the long abstention from the holy Sacra- 
ments/^^ 

II. To incur this penalty it is necessary : — 

1. That the sin in which the confessor was an accomplice 
should be a mortal sin, both internally and in the external act. 
Purely internal mortal sins, and those not completed externally, 
are, therefore, excluded; 

2. That both confessor and penitent should have sinned and 
have been guilty of the peccatum turpe; 

3. That the two preceding conditions should be certainly 
fulfilled; hence the sin must certainly have been mortal inter- 
nally and externally, and on the part of both the confessor 
and the penitent, on the principle that odia restringenda 
sunt}^^ 

Accordingly, it is indifferent if the complex be a person of the 
male or female sex. Benedict XIV expressly says: "Qualem- 
cumque personam'^ ; moreover, it is not necessary that the sin 
should be completed, as the Constitution says generally and 
indefinitely: ^'a sin against the sixth commandment," and the 
object of the law is — occasiones non tantum copula' sed omnis 
turpitudinis a sanctitate trihunali poenitentice removere. Casum 
complicis ergo constituunt: tactus impudicus, osculum, amplexus, 

163 Cf . Lehmkuhl, 1. c. P. IT. Lib. II. Tr. I. De Censuris, Sect. TI. n. 937. 
1^ S. Alph. Lib. VI. n. 55L 



360 THE MINISTER OF THE SACRAMENT 

colloquium uti et aspectus, dummodo complicitatem important ac 
tam interne, tum externe sint graviter mali}^'^ 

But when one party has either not gravely sinned or only by 
an internal act, there is no casus complicis in question. 

III. The confessarius can absolve his complex, when the latter 
is in articulo mortis and when another priest, who may also be 
without faculties, cannot be called in without greater danger of 
defamation or of scandal, or when another priest is, indeed, 
present, but declines to hear the confession of the dying person. 
In the latter case this priest is regarded as absent. The sacerdos 
complex is, however, bound to take all care that no suspicion or 
scandal arises from the presence of another priest; he may, for 
example, upon some pretext or another, absent himself, having 
previously induced the dying person to send for another confessor. 
If he fail to do this, and so is under the necessity of administer- 
ing absolution to the dying person, he sins gravely and incurs 
the penalty decreed; but the absolution administered by him, 
^'etiam directa hujus peccati^^ would be valid, that the dying 
person might not be lost.^^® 

All authors teach that a priest can also absolve his complex who 
is in articulo mortis, when the latter, without fault on the part 
of the confessarius complex, refuses to confess to another priest. 
This penitent, however, must be in bona fide as regards the com- 
mandment of the Church. Here the eternal salvation of the poor 

165 S. Alph. 1. c. Cf. Declar. S. C. Inq. 28 May, 1873, in Acta S. Sed. 
Vol. 10, append, p. 345. Aertnys, 1. c. n. 249. Some wrongly exclude the 
sennones impudici ; the most tliat can be urged for such a view is that there 
might be a doubt, num fuerit peccatum mortale ex utraque parte, and, on 
account of such a doubt, the causa complicitatis which the law requires may 
the more easily be absent. Cf. Lehnikuhl, 1. c. n. 935. 

166 This results from the tenor of the Bulls "Sacrament. Poenitent." of 
Benedict XIV and " Apostolicae Sedis " of Pius IX. A simple, non-ap- 
proved priest is, per se, to be preferred to the mcerdos complex (if no defama- 
tion arises), but a sacerdos publice suspensus, excoimnunicatus, is not to be 
preferred, as it is not becoming to call such a one to the dying person, and 
in this case it will scarcely be possible to avoid suspicion. 



ABSOLUTION OF THE COMPLEX IN PECCATO TURPI 361 

penitent is in question, and frequently scandal would result if the 
priest should refuse to hear the confession of the dying person/^^ 

IV. The confessor who, apart from the specified cases of ne- 
cessity, absolves his complex in peccato turpi from this peccatum 
turpe incurs, ipso facto, the excommunication specially reserved 
to the Pope/^^ If a priest absolves his complex ex ignorantia or 
inadvertentia, and thus remains free from grave sin, he does not 
incur the censure. But it is doubtful whether the absolution 
administered is valid. The sententia communis rejects the abso- 
lution as invalid, since the Pope has only excepted the absolu- 
tion administered in the hour of death; but several later 
theologians hold the absolution to be valid, because the Pope, as 
they point out, speaks only of the sacerdos sacrilegus, who know- 
ingly and intentionally absolves his complex}^^ 

Further, a priest does not incur the excommunication who 
hears the confession of his complex, but does not absolve him, 
seeing that, according to the Constitution of Pius IX, only the 
sacerdotes ahsolventes fall under the excommunication. If, how- 
ever, the confessor pretends to absolve his complex (fingere 
dbsolutionem) while, in reality, he does not absolve him, — for 
instance, saying some prayer in place of the usual form of abso- 
lution, — he incurs excommunication. So the S. C. Inq. declared 
on December 10, 1883, with the approbation of Leo XIII. ^^" 

1^'^ Ballerini, Opus Theol. Mor. 1. c. cp. II. De absolut. compl. n. 652 ss. 

^^8 Cf . Constitutio Benedict! XIY, " Sacrament. Poenit." and Pii IX, 
" Apostolicse Sedis " (see § 43, p. 326) . 

169 Cf. Berardi, Praxis conf. n. 1076. 

'^"'^ This question was before decided in the same sense by the S. Poenit. 
9 Jul., 1751, et Mart., 1878. Cf. Linzer Theol. Quartalschrift, 1882, p. 380. 
Revue theol. 1884, p. 363. St. Alphonsus had already (Lib. VI. n. 556) 
maintained, ewm, qui fingat ahsolutionem, non incurrere censuram, deducing 
this from the words of the Constitution of Benedict XIV, and this inter- 
pretation of the Pope's w^ords was probable ; this opinion of the sainted 
teacher seems still to coincide with the words of the Bull of Pius IX, which 
reads Ahsolventes. But the Sacred Penitentiary has declared otherwise. 
The latter evidently here takes the word ahsolventes in the wider sense. 
Cf. Ballerini, Opus Theol. Mor. 1. c. n. 656. Lehmkuhl, 1. c. n. 936, Nota. 



362 THE MINISTER OF THE SACRAMENT 

If the penitent confesses to the sacerdos complex and conceals 
the sin against the sixth commandment, which the confessor 
has committed with him, and the confessor absolves him, the 
latter does not incur the excommunication, according to a dec- 
laration of the S. Poenitent. on May 16, 1887. ''For this penalty 
falls only on the priest who absolves his complex from that 
peccatum turpe in which the priest has been the complex of the 
penitent." Nevertheless, according to the declaration of the 
Penitentiary, the confessor of the priest who has absolved his 
complex (even when he has not absolved him from the peccatum 
complicitatis) is bound to remind him with the greatest zeal that 
he has been guilty of a very grave sin, and an abominable abuse 
of the Sacrament of Confession, and he may only absolve this 
priest after exhorting him in the most forcible manner to relin- 
quish his office as confessor, and after imposing on him the obli- 
gation of refraining from hearing the confessions of his complex 
in the future; and that if the persona complex appears in the 
confessional again, he should exhort this person to accuse him- 
self to another confessor in a valid confession both of the peccatum 
complicitatis and of the sins in validly confessed. The conces- 
sion of the Council of Trent (Sess. XXIV. cap. 6, ''Liceat") does 
not empower a bishop to absolve a priest who has absolved his 
complex. . The Sacred Penitentiary has expressly declared this 
on July 18, 1860, and it results from the Constitution " Apostolicoe 
Sedis," in which all the casus papales reserved speciali modo to 
the Pope are excepted from the powers granted to bishops in 
the cap. ''Liceat." ^'^ 

But if, " in casibus urgentiorihus,^' absolution cannot be deferred 
without danger of great scandal and disgrace, a bishop, or an- 
other priest, can administer absolution injunctis de jure injun- 
gendis on the confessor who has unlawfully absolved his complex 

171 Cf. Decret. S. C. Inq. 27 June, 1866, and the rnstrnctio S. C. Inq. 
20 Feb., 1867. (Gury, Cas. Conscient. T. 2. n. 647.) Revue des sciences 
eccles. Vol.18, p. 359. 



ABSOLUTION OF THE COMPLEX IN PECCATO TURPI 363 

in peccato turpi, but under penalty of '' reincidence " if within 
the space of a month, the absolved priest has not recourse by 
letter, and through the confessor, to the Holy See/^^ 

If a confessor in such a case is obliged to apply to the Holy 
See, he must address his petition to the Sacred Penitentiary. 
In this petition he must adopt a fictitious name, set forth the 
case concisely and clearly, with all the circumstances appertain- 
ing to the matter, as : quot personas complices et quoties Sacerdos 
absolvere attentaverit ; an unam vel plures irregularitates con- 
traxerit ex violatione censurce per celehrationem missce vel exer- 
citium solemne Ordinis Sacri; an alias jam acceperit Rescriptum 
gratioB pro ahsolutione ah hujusmodi crimine}'^^ 

i''^ S. C. Inquis. 30 June, 1886, the decision which Leo XIII approved and 
confirmed. Cf. Revue theolog. 1886, p. 378. 

1'''^ The Sacred Penitentiary is accustomed to add a few clauses to its 
Rescript, and it will be useful to explain them briefly: 

1. Before the confessarius delegatus can carry out the Rescript, the occa- 
sion of again sinning against the sixth commandment cwn persona vel per- 
sonis complicibus must be removed. Hence the volmitary occasion (and 
there is generally such in this case) must be physically removed, and a nec- 
essary occasion morally removed. See § 63. 

2. The Confessarius complex must inform his complex, when he again 
comes to him to confess, of the invalidity of the former confessions and refer 
him to another confessor. 

3. The duty of not again hearing the confessions of the persona complex 
in the future will be imposed upon the Confessarius complex, when this can 
be done without great scandal, and he would, therefore, sin gravely if he 
should disobey this command. According to the number and gravity of 
the cases the Penitentiary subjoins still severer clauses: (a) those who duas 
personas complices only once, or unam bis a peccato in re turpi absolvere atten- 
taverint the Sacred Penitentiary orders to give up their office as confessors. 
(b) But those qui duas aut plures personas sive unam ter aut pluries absolvere 
ausi fuerint, it commands to relinquish as soon as possible the office which 
they have so misused, and that within the time which is to be determined 
by the priest who administers the absolution, and which must not be pro- 
longed beyond three months, if they are simple priests; if they are parish 
priests, the period may be longer, but not beyond six months. And if 
within this time the priest is unable, for weighty reason, to give up his 
office, the delegated confessor must again address himself to the Sacred 
Penitentiary, and lay the whole matter before him; in the meanwhile, how- 



364 THE MINISTER OF THE SACRAMENT 

47. Sollicitatio Proprii Poenitentis ad Turpia. 

The minister of the Sacrament of Penance is a man, and 
remains a man ; even when he is administering this Sacrament 
he is subject to the weaknesses of human nature, and hence he 
bears within him the incUnation to evil and is exposed to the 
temptations of the devil; and it is there where he destroys the 
work of Satan that he must experience the hostility of the evil 
one more, perhaps, than elsewhere. In addition to this, the 
confessor holds such intimate intercourse with the penitent, and 
must, alas ! so often deal with dangerous matter ; he must lis- 
ten to certain sins, investigate them and give them his attention 
m order to discharge his duty rightly. Thus may be explained 
ths dreadful abuse of the Sacrament of Confession of which we 
now treat, — an abuse, however, which is very rare, — the Sol- 
licitatio proprii poenitentis ad turpia. ^"^"^ 

There is question only of an ahusus Sacramenti Poenitentice 
ad turpia, but not of an ahusus aliorum Sacramentorum ad turpia, 
and also not of an ahusus ejusdem PoenitenticB Sacramenti ad alia 
peccata, quamvis gravissima. 

Jam quceritur : — 

I. Quid intelligatur per turpia vel inhonesta, ad qvxB fit sollici- 
tatio f 

II. Quo actu sollicitatio perficiaturf 

ever, the sacer.dos complex may not hear the confessions cujuscunque personcB 
complicis. The Sacred Penitentiary will, for weighty reasons, extend the 
period, and when, after a time, the unhappy priest seems to have amended, 
will allow him to continue to exercise the duties of a confessor. 

4. The censures must be removed first, then the sins remitted, and finally 
the dispensation from the irregularity is given. Cf. Aertnys, 1. c. n. 250. 

1"^* The Constitutions, "Cum sicnt nuper," of Pius IV, " Dilecte fili," of 
Paul V, *' Universi Dominici gregis," of Gregory XV, and in an especial 
manner, "Sacramentum poenitentige," and "Apostolic! muneris," of Bene- 
dict XIV, cover this matter. Cf. Bucceroni, Jan. Commentar. Constit. 
Benedict! XIV, "Sacrament. Poenit." P. I. pp. 1-150. Romse, 1888. Ed. 
aliera. 



SOLLICITATIO PROPRII POENITENTIS AD TURPI A 365 

III. Qualis nexus inter sollicitationem et Sacramentum Poeni- 
tentice intervenire oporteat, ut revera et ex mente legislatoris sollici- 
tatio ahusus Sacramenti sit f 

Ad I. Per peccata turpia, ad quce fit sollicitatio, intelliguntur 
omnes actus externi lihidinosi seu actus luxurice, quo spectant 
etiam actus vel ex sua natura vel ex particulari dispositione com- 
plicis vel ex intentione operantis aliunde satis manifestata {v.g. 
signo, verho) inductivi ad vehementem commotionem spirituum 
genitalium; intelligantur ergo: quilihet tractatus turpis, sermo oh- 
scwnus vel actio ohsccena. Sollicitatio ex mente legislatoris non 
perpetratur actihus tantum venialiter inhonestis adeoque non ve- 
neriis {nam in his non est parvitas materice). Excipe, si ex cir- 
cumstantiis certe conjiceretur, sacerdotem actu de se leviter malo 
{v.g. verho hlandiori) animum hahuisse procedendi ad gravia.^''^ 
Confessarius consentiens tantum mulieri sollicitanti in confessione 
nulla modo eximitur a peccato sollicitationis , i.e. inhonesti tracta- 
tus in confessionali, idque licet statim desierit de ilia turpi materia 
loqui, differendo illius complementum ad aliud tempus et non prce- 
hendo absolutionem poenitenti; item licet inductus metu consense- 
rit sollicitationi^'^^ et a fortiori, quando confessarius et pcenitens 
invicem se sollicitarunt, puta quando confessarius ad unam turpi- 
tudinis speciem sollicitatus ad aliam sollicitavit poenitentem. Juxta 
Decreta sollicitaret etiam confessarius, qui diceret pcenitenti: "Si 
sa3cularis essem, te uxor em ducerem^^ ; vel " Expecta me hodie 
domi tuT., quia tecum loqui cupio ' ' et postea domi sollicitaret ; vel 
" Hisce peccatis tuis pollutionem passus sum'' ; item, si femince 
petenti confessionem responderet in confessionali: "Nolo tuam 
audire confessionem, ne quid mihi contingat; quia amore tui cap- 
tus sum"; item " Totum me commoveri sentio ex affectu, quo te 
prosequor'' ; vel " Domum tuam veniam et promitte mihi, te factu- 
rum esse quod valuer o.'' ^^^ 

^"5 Cf. S. Alph. Lib. IV. n. 564, sub 3. 

i"6 Cf. Decl. S. C. Inq. 11 Febr., 1661, dub. 2 et 9, et Instruct. 20 Febr., 
1867, n. 2. 17- S. Alph. Lib. VI. n. 704. 



366 THE MINISTER OF THE SACRAMENT 

Ad II. Crimen sollicitationis ad turpia adest, si confessarius, 
qualiscunque sit, tam scecularis quam regularis {vel etiam sacerdos 
carens jurisdidione at hie in eonfessione) ^^^ sollieitat poenitentem 
sive mar em sive feminam ad peccandum sive secum sive cum alio; 
nee refert, utrum ipsum poenitentem sollicitet, an mediante poeni- 
tente aliam quampiam personam. Prceterea sollicitatio hujus- 
modi ex parte confessarii fieri potest vel immediate {v.g. verbis 
obsccenis) vel mediate, puta per chartam postmodum a pa^nitente 
legendam ; ^''^ et habenda est completa, sive poenitens reapse ad 
peccatum pertrahatur, sive resistat, dummodo ponatur medium ap- 
tum alliciendi ad actus inhonestos ; nee refert, medium adhibitum 
in se malum sit an indifferens, dummodo ex circumstantiis postea 
cognoscatur, id ad sollicitandum adhibitum esse, puta, si confessa- 
rius mulieri hoc animo intimet, ut expectet eum domi, vel eam 
eodem animo interroget, ubi habitet. 

Ad III. Ut vero sollicitatio ejusmodi sit abusus Sacramenti 
oportet, ut, modo a lege determinato, relatio aliqua inter cedat inter 
ipsam et confessionem vel inter ipsam et locum ubi confessiones 
excipiuntur }^^ 

(a) Relatio requisita ad confessionem adest, si sollicitatio fit: 
(1) in actu sacramentalis confessionis incoeptce, licet non perfec- 
tw; vel (2) immediate ante confessionem ; vel (3) immediate post 
confessionem, i.e. quando inter sollicitationem et co7ifessionem nihil 
medial, ita ut nee confessarius nee poenitens ad aliud negotium 
serio se divertant}^^ 

-'8 Cf. Resp. S. C. Tnq. a. 1661 ad dub. 5, Instruct, a. 1867, sub 2. 

i"9 Cf. Propos. 6 ab Alex. VII damn. 

180 S. Alph. Lib. VI. nn. 676 680. 

18^ Illud immediate (ante vel post) aliqiii moraliter intelligi volunt, ita ut, 
si physice tantum aliquid intermediat, seu intervalbim adeo breve sit, ut pro 
nihilo debeat computai-i, confessarius adhuc vi harum clausularum sollici- 
tans dicendus, ergo denuntiandus sit. Communis sententia, quam sequitur 
St. Alph. (u. 677) ilhid stricte, i.e. physice accipit. Ex praxi tribunalis S. 
Officii non censetnr confessarius sollicitasse immediate post confessionem, 
si sollicitatio post transactum integrum diem accidet, dummodo nullo modo 
pravum animum suum in eonfessione indicaverit. Ballerini, Notae ad Gury, 
II. n. 590. Opus Theol. Mor. 1. c. Appendix De Sollicitatione, n. 1094 ss. 



SOLLICITATIO PROPRII POENITENTIS AD TURPI A 367 

(4) Occasione confessionis (veroe) vid. quando fit invitatio ad 
confessionem hie et nunc excipiendam ex parte poenitentis, aut 
quando confessarius invitat pcenitentem ad confessionem hie et 
nunc faciendam, et hac occasione data, divertit pcenitentem a pro- 
posito et ad turpia provocat; aut si in confessione, sive immediate 
ante sive post, initium sollicitationis fit, quce postea completur v.g. 
si dantur litterce sollicitantes vet si fit interrogatio de hahitatione 
et postea sequitur sollicitatio domi, vel si oh fragilitatem mulieris ex 
ejus confessione cognitam postea earn domi sollicitaverit, dummodo 
ex indiciis sufficienter constat, eum ex ilia scientia non aliis ex 
causis ad id motum fuisse.^^^ Ejusmodi indicia aderunt si v.g. 
confessarius auditis peccatis midierem interrogaverit, uhi hahitet, 
an sola domi manere soleat vel alia hisce similia interrogaverit, 
vel, dum ad peccandum accessit, verbis aut factis aliquxi commemo- 
ravit ex iis, quce ex confessione accepit.^^^ 

(5) PrcEtextu confessionis {fictce)j si confessarius ex pravo fine 
invitat mulierem ad confessionem et deinde sollicitat, vel femince 
suudet, ut fingens se cegrotam eum, confessarium suum, tanquam 
ad confessionem faciendam, r ever a ad peccandum accersat. Secus 
prohahilius dicendum, si prcetextus confessionis non est ordinatus 
ad sollicitationem sed ad peccati jam conventi executionem, puta 
ad avertendum Superiorem vel familiares domus a scandalo et sus- 
picione mali.^^^ 

1^2 Illud : " occasione " duplici hie significatione sumitur : altera opportu- 
/litatis, altera motivi. 

183 Cf. S. Alph. Lib. YL n. 678; Ballerini, Op. Theol. Mor. 1. c. n. 1098. 
Ballerini, Not. ad Gury, 11. n. 590; Nouv. Rev. Theolog. Tom. 12, p. 31 ss. 
Lehnikuhl, 1. c. n. 976. 

18* S. Alph. 1. c. nn. 678 and 679. Hinc sollicitans dicendus est Confes- 
sarius, si mulier, nulla conventione prsemissa praetextu confessionis vocet 
ipsum in domum suam, qui cum accesserit, a muliere sollicitatus turpiter 
peccat eum ilia ; nam juxta decreta S. C. Inq. sollicitatio etiam a poenitente 
emanare potest. Etiam sollicitans dicendus evSt Confessarius, qui extra con- 
fessionem sollicitat feminam huicque renuenti ob timorem diifamationis, 
suadet, lit fingens se segrotam eum ad peccandum accerseret. S. Alph. n. 
679; vide Ballerini, Op. Theol. Mor. 1. c. n. 1102. 



368 THE MINISTER OF THE SACRAMENT 

(h) Relatio requisita ad locum, ubi confessiones excipiuntur, 
aderit, si actus prohibiti exerceantur : — 

^ (1.) In confessionnli proprie dicto ; (2) in loco quocunque, ubi 
confessiones excipi solent, licet confessionale ibi non inveniatur; 
(3) in loco quocunque, quem confessarius ad confessiones audien- 
das pro suo arbitrio elegit. 

Ut autem crimen sollicitationis ex mente legislatoris adsit ae 
propter ea poena sollicitantibus confessariis inflicta contrahatur, ob 
circumstantias sub (b) enarratas enascatur simulatio confessionis 
accedat necesse est, i.e. confessarius et poenitens ita se gerant opor- 
tet, ut confessionem ille audire iv.g. aures applicando), hie pera- 
gere videatur. Hcec tamen simulatio non requiritur, si sollicitat 
in confessionali personam, quce pariter in eo invenitur; sufjicit 
enim, ut sacerdos in confessionali de rebus turpibus agat, quin 
simulet confessionem audire }^^ 

The sollicitatio described in the foregoing is a very grave mortal 
sin of impurity, of sacrilege, and of scandal. For it is a dreadful 
abuse of the Sacrament of Penance, when, as Gregory XV ex- 
presses himself, the confessor thus offers the penitent poison 
instead of a remedy, instead of bread a scorpion, from a spiritual 
father becoming a wretched betrayer of souls. 

IV. All penitents are bound under pain of mortal sin to de- 
nounce to the Ordinarius loci, or to the Holy See through the 
Penitentiary or Inquisition, the confessors who have been guilty 
of solicitation.^^® 

The object of this denunciation is the following: — 

1. If the person who denounces is known as honorable and 
truthful, if no evil intention, such as revenge, enmity, or cal- 
umny is to be imputed to him, whilst on the other hand, the 
denounced priest is already known to be not very conscientious, 
the denunciation effects that the suspected confessor will be 

185 S. Alph. Lib. VI. n. 680. Ballerini, Opus. Theol. Mor. 1. c. n. 1107. 

186 Compare the above-cited Constitutions of the Popes, and the Instruc- 
tion of the S. C. Inquis. 20 Feb., 1867. 



SOLLICITATIO PROPBII POENITENTIS AD TURPIA 369 

watched by the Ordinarius}^'^ And if stronger grounds of 
suspicion against the denounced priest accumulate from other 
quarters (for example, suspicious intercourse), this supplies the 
Ordinarius with a motive for administering to him, in the first 
place, a fatherly warning, in doing which, the Ordinarius does 
not yet impute to him the crimen sollicitationis , but rather ex- 
horts him to be conscientious ; in this, however, the Ordinarius 
must so proceed as not to excite the suspicion of the denounced 
against the denouncer. " Ut plurimum enim nonnisi a tertia 
denuntiatione ad judicium procedi debet.' ^ ^^^ The precise object 
of the law is to safeguard the Church and to inspire confessors 
with a just dread of the enormity of the crime which abuses the 
sacred tribunal of penance ; or, as Amort expresses it : finis non 
est emendatio personce particularis sed securitas puhlica Sacra- 
menti et animarum ex castigatione certa tarn ahominandi sceleris, 
et ex metu indeclinahili omnium confessariorum incurrendi gra- 
vissima supplicia etiam actu unico aut, semel tantum iterdto; 
irrio etiam indemnitas Ecclesice ne scil. ejusmodi pestes ad officia 
puhlica suhrepant, quo nihil est nocentius communi EcclesicB 
hono}^^ Every solicited person is, therefore, strictly bound to 
denounce, and is not released from this duty because another 
has denounced; this duty never ceases to bind, though it is 
sometimes suspended for a time ; in case of repetition a confessor 
must be again denounced, even if he has been already punished 
on account of the first transgression, or has not been fully con- 
victed of solicitation ; ^"*^ again, the penitent is bound to denounce, 
even when, in consequence of correctio fraterna, he beheves that 
he may confidently hope for amendment, indeed, as St. Alphon- 
sus teaches, even when the fault has been atoned for;^^^ denun- 

187 Cf . Instr. S. C. Inq. 1867, sub 11. 

188 Cf. Instruct, cit. 

189 AmoTt, Theol. Mor. De Poen. Q. 19. 

i»o S. Alph. Lib. VI. n. 687. Cf. Resp. S. C. Inq. a. 1661, ad dub. 13. 
191 Lib. VI. n. 701, H. A. Tr. 16, n. 175. Bucceroni, Commentar. in Con- 
stit. Bened. XIV, "Sacrament. Poenit." art. 11. Sect. 2, p. 66. 



370 THE MINISTER OF THE SACRAMENT 

ciation must be made if the fact is certain though it cannot be 
judicially proved, or when the crime is secret, or was committed 
a long time before. It must not be supposed that belated in- 
formation of this kind can be of no use ; it may perhaps serve 
to complete previous information respecting the same confessor, 
or, in conjunction with other grounds of suspicion to close to a 
hypocrite the road to ecclesiastical dignities, or at least, to inspire 
the confessor with lasting fear of filling up the measure of iniquity 
by repeated solicitation, seeing that even solicitations committed 
a long time before may be brought into court. If, however, the 
person who soHcited is dead, the denunciation need not take 
place, because then the full object of the law can no longer be 
realized.^^^ 

2. The duty of denouncing is not incumbent upon the person 
who solicits, nor is he bound to admonish the penitent soHcited 
by him to make the denunciation. All solicited penitents, 
however, without exception, male and female, seculars and regu- 
lars, high and low, to whatever class they may belong, are bound 
to denounce. Denunciation is also incumbent (but now no longer 
sub excommunicatione) ^^^ upon all witnesses of this crime, eye- 
witnesses or ear-witnesses^ and whoever has received informa- 
tion of the solicitation outside confession, directly or indirectly, 
from words of the person soliciting himself, or the solicited per- 
son, if the latter be trustworthy.^^* The penitent must denounce 
in any case whether he has consented to, or rejected, the solicita- 

192 Cf . Bucceroni, 1. c. p. 66. 

19^ Not, be it remarked, virtute. Constltutionum Pontijiciarum contra soUici- 
tantes, but virtute prcecepti denunliandi intra mensem hcereticos et suspectos de 
hceresi. Cf. Bucceroni, 1. c. art. II. § 1, p. 56. 

194 S. Alph. Lib. VI. n. 698. They are not bound to denounce : (a) 
when the solicited person has ah'eady given the information; (b) when 
they would suffer great detriment by so doing, except in the case of a priest 
of great influence who had alrea'ly solicited many persons; (c) when the 
person soliciting is related to them within the fourth degree. Cf. xMazzotta, 
1. 0. Tr. 2, Disp. 1, Q. 1, cp. 2, Sect. 4 ; Ballerini, Op. Theol. Mor. 1. c. n. 
1136 ss. 



SOLLICITATIO PROPRII POENITENTIS AD TllRPIA 371 

tion, but he need not make known his consent; he must also 
denounce when the sohcitation has been mutual between con- 
fessor and penitent, or when the penitent has sohcited, and the 
confessor has consented/®^ 

A young girl, who, at the time of being solicited, was ignorant of 
any evil design, must, according to a decree of the Sacred Inqui- 
sition (May 11, 1707) denounce the confessor as soon as she has 
attained to an understanding of the sohcitation which took place. 

The solicited person, or whoever has certain knowledge^ of the 
solicitation, is not released from the obligation to denounce on 
account of the general difficulties attaching to the denuncia- 
tion itself, as, for example, shame at having been solicited ; fear 
that the judge might become suspicious of her; the danger of 
harm or detriment to the denouncing person; any such damage 
must be considered as triffing compared with the possibility of 
scandal to the Church and to souls; the use of Epikeia (i.e., a 
benign interpretation of the law) is not justifiable in this case. 

3. Every priest who has been guilty of the crime of solicita- 
tion, including him who possesses no jurisdiction, is liable to 
denunciation, be he secular or regular, or in any way exempted, 
whatever dignity he may hold ; whether he has himself sohcited, 
or consented to the sohcitation of the penitent, and even when 
he has already amended. ^^® 

V. The confessor's dealing with sohcited persons is regulated 
in accordance with the following ordinances of the Papal Consti- 
tutions and Instructions of the Sacred Congregation. 

1. All confessors are bound sub gravi to instruct those of their 
penitents whom they know to have been solicited in the specified 
manner, that it is their duty to denounce the persons soliciting. 
This duty of instructing remains imperative even when the 
solicited penitents are in bona fide. 

195 Cf. S. Alph. nn. 700, 697, 695. Bucceroni, 1. c. p. 65. 

196 Compare the Constitutions of the Popes and the above-cited Instr. S. C. 
Inq. S. Alph. nn. 686, 688. 



872 THE MINISTER OF THE SACRAMENT 

The confessors who do not instruct their sohcited penitents 
must be punished/^^ 

They must instruct their penitents concerning : (a) the strict 
duty of denouncing; (6) the time within which the denuncia- 
tion must be made; (c) the penalty attached to the neglect of 
this duty; and {d) the manner of making the denunciation. 

2. Let the confessor proceed in the following manner : — 

(a) If he is in doubt as to whether the act or the word of the 
person in question really constituted a true solicitation, he must 
not obhge the penitent to denounce, except when strong grounds 
for suspecting solicitation are superadded, or when the words, 
de se, are soliciting, and doubt exists only as to whether the con- 
fessor uttered them with a bad intention/^^ 

{h) Before the confessor binds the solicited person to denounce 
(and only on condition that she denounce may absolution be 
administered) he must seriously consider whether this person be 
deserving of credit, or if there is weighty, just, and very prob- 
able suspicion, supported by other indications, that she is influ- 
enced by revenge and wishes to calumniate the priest. In this 
latter case the confessor must remind her that she commits a 
very great sin, and one reserved to the Pope, in falsely denounc- 
ing a priest for solicitation. 

(c) The confessor must not seek to know the name of the 
person soHciting, though he must question the penitent as to 
the necessary circumstances. 

(d) And when the confessor knows positively that the peni- 
tent has been sohcited, he must seriously impress upon her 
(even when she is in good faith) the duty of denouncing the per- 
son who sohcited, and the confessor is bound to do so, even 
when he foresees that the penitent will not denounce.^^^ After 

is"^ Cf. Instruct, nn. 3 and 4. 

198 Cf. Instruct. S. C. Inq. a. 1661, ad dub. 12, 16. 

199 Constitutiones cit. et Instruct. Cf . S. Alph. Lib. VI. nn. 615-694, ratio : 
ob vitandum damnum commune. 



SOLLICITATIO PROPRII POENITENTIS AD TURPIA 373 

which he must indicate an appropriate method of making the 
denunciation. In this the following rules are to be observed : — ■ 

(a) In order that the object of the denunciation may be ob- 
tained, the Ordinary must be informed of the crime and all 
its circumstances; the name of the confessor who solicited is to 
be given, that he may be summoned before the Ordinary, and, 
if found guilty, be punished; if the denouncer does not know 
the baptismal and family name of the confessor, she must de- 
scribe him as accurately as she can, so that he may be recog- 
nized; finally, the name and clwehing-place of the denouncer 
must be given, that the Ordinary may make inquiries con- 
cerning her trustworthiness, and, if it should be necessary, 
summon her as a witness. 

(h) The denunciation may be effected in one of the following 
ways : If the bishop or the vicar-general (loci in quo moratur 
poenitens) ^^^ is near at hand, so that the solicited person can 
easily have access to him, the latter is bound to make the 
denunciation in person, and to declare that N. N., priest, parish 
priest, religious, etc., has solicited her ad turpia in the holy Sac- 
rament of Confession. If, on account of distance, the solicited 
person cannot easily reach the Ordinary, she must make the 
denunciation in writing ; that is, she informs the Ordinary by 
this document that she has to make a denunciation to him, 
which should come before the ecclesiastical tribunal, and she 
begs the Ordinary, at the same time, to authorize a priest to 
receive this denunciation.^"^ The denunciation itself may be 
effected by letter, or through any other person — hoc tantum 
valet quoad prceceptum denuntiationis naturale et quatenus tale 
prceceptum ohligat in casu particulari. Nam si sermo sit de prce- 

200 The denunciation must be made to the Episcopus loci, where the peni- 
tent is staying, even when the Confe.'<sarius solUcilans belongs to another 
diocese ; it is tnen the duty of this bishop to receive the sworn denunciation, 
and to forward it to the bishop of the confessor. Cf. Gury, Cas. Cons. 
Tom. TI. n. 652; Kenrick, Theol. Moral. Tract. 18, 245. 

201 Cf. Instruct. 1867, n. 7 ; Marc, Iiistitut. Alph. Tom. 11. n. 1800. 



374 THE MINISTER OF THE SACRAMENT 

cepto denuntiationis positivo, in ipsa Instr. cit. dicitur, quod onus 
personate est.^^^ The denunciatory document must, however, be 
dispatched with such precaution that no reasonable fear of its 
loss need be entertained. And if the solicited person cannot 
make the denunciation by writing, she should repair to the dean, 
or to some other prudent and experienced man, who then writes 
in her name to the Ordinary, or to the Sacred Penitentiary, or 
to the Holy Office.^^^ As a rule it is not advisable that the con- 
fessor should take upon himself the burden of making the de- 
nunciation for the penitent. But it is not to be denied that 
there are cases when the confessor is bound by the precept of 
charity to do this, namely, when the well-being of the community 
is threatened, and no other way appears of meeting the emer- 
gency.^^* The denunciation must never be made anonymously, 
and is always to be addressed to the bishop or to the vicar- 
general in person, not to the office of the Ordinary.^^^ 

3. Confessors cannot absolve penitents who know that they 
have been solicited till they have denounced the delinquent, or, 
at least, till they have promised that they will do so as soon as 
they can. This is laid down in the Constitutions of Benedict 
XIV and in the Instruction of the S. C. Inquis. 

From this it follows that : — 

(a) The confessor cannot absolve penitents who refuse to 
denounce. If a solicited person refuses, the confessor must in- 
vestigate the cause of the refusal, and endeavor to remove it. 
If he finds the cause to be fear of disgrace, he may, in order to 
remove it, tell her that she stands before the ecclesiastical judge 
not as persona complex, but as Si testis, that she is not bound to 
make known her consent ; indeed, that she cannot even be ques- 
tioned concerning her consent, and that if she has, ex simplici- 

202 Cf. Bucceroni, Commentar. in Constit. Bened. XIV, " Sacram. Pcenit' 
Romae, 1888, art. IT. § 3, p. 74. 
208 Cf. Instruct. 1867, n. 7. 
204 Cf. S. Alph. Lib. VI. n. 699. 205 cf. Instruct. 1867, n. 6. 



SOLLICITATIO PROPBII POENITENTIS AJ) TURPIA 375 

tate, declared her consent, it cannot be taken down in the 
official deeds.^"^ Nor is any danger whatever of disgrace to be 
feared. If the penitent says that in gratitude for benefits 
received, or to be received, for presents, etc., she is unable to 
make the denunciation, or alleges other insufficient grounds for 
the refusal, the confessor must explain to the penitent the sac- 
rilege, and her duty to obey the laws of the Church, which 
have been made for the purpose of warding off great scandal 
and detriment, and remind her of the penalty of excommuni- 
cation which the solicited person ipso facto incurs, by not 
denouncing the soliciting priest within a month. Moreover, 
the confessor must not lightly admit what such persons are 
accustomed to bring forward in order to escape from the burden 
of denunciation. If the solicited person refuses to perform her 
duty out of false shame or irreligious pity, absolution is to be 
refused her as not being properly disposed. The confessor must, 
however, out of a true zeal for souls, exert himself by all means 
to induce such an unhappy penitent to make the denunciation ; 
he should prevail upon her to come again at another convenient 
time, and, meanwhile, inform the Ordinary or the Holy See 
through the Penitentiary, or the Inquisition, of the matter with- 
out mentioning the name of the penitent. 

(6) If, however, the confessor perceives that a solicited person 
otherwise well-disposed for the Sacrament of Penance has a law- 
ful ground for refusing the denunciation, as, for example, a prob- 
able, well-founded danger of suffering appreciable injury in 
honor, property, or person,^^^ or that, on account of fear or exces- 
sive timidity, she can by no means be brought to denounce the 
soliciting person at that time, either personally or through the 
confessor, but yet promises faithfully to make the denunciation 
later on, as soon as she carl, he may absolve her, and that at once 

206 Cf. Instr. 1867, n. 6. 

207 Cf. Bucceroni, 1. c. art. II. § 2, p. 62 ss. ; Ballerini, Op. Theol. Mor. 
1. c. 11. 1141. 



376 THE MINISTER OF THE SACRAMENT 

stante nempe gravi difjicultate denuntiationis faciendce, si necessitas 
urgeat, that is, when the penitent has to receive holy com- 
munion, in order to avoid scandal, or to gain a Jubilee indul- 
gence. If there is no necessitas urgens, the confessor must defer 
the absolution, and appoint another time for the penitent to 
come to him ; meanwhile, he must address himself to the bishop, 
and lay the whole case be ore him, concealing the name of the 
penitent, adding also the grounds which make it advisable to 
dispense the penitent from the duty of denouncing. The bishop 
then may himself decide what is to be done or apply to the 
Sacred Penitentiary ;^^^ for the Holy See occasionally confers 
upon the confessor authority to dispense the penitent pro ea 
vice from the duty of denouncing, especially when the soliciting 
person has amended, and done penance. Solicited persons can 
also be absolved who "in partihus schismaticorum, hcereticorum 
et mahometanorum degunt,'' although these regions are subject 
to the Constitutions leveled against those who solicit; such a 
case may occur when the circumstances indicate that no hope 
of punishing the soliciting person can be entertained and the 
mulieres sollicitatce cannot denounce without danger and dis- 
grace, while those denounced can easily escape punishment by 
having recourse either to schismatic bishops or to unbelieving 
lay judges. ^*^^ 

VI. Solicited penitents who neglect, or, through their own 
fault, omit, to denounce the Confessarios, sive Sacerdotes, a 
quihus sollicitati fuerint, within a month, incur, ipso facto, the 
excommunication which is not reserved.^^" They incur this pen- 
alty, therefore, infra mensem, that is, reckoning from the day on 
which they were warned of their duty. If they give information 

208 Cf. Instruct. 1867, nn. 5 et 7 ; S. Alph. 1. c. n. 693 ; Bucceroni, 1. c. art. 
11. § 1, n. 35. 

209 Cf. Bucceroni, 1. c. art. 11. § 2, n. 38 ; Deer. S. C. S. Off. 21 Febr., 
1630, etc. 

210 Const. Pii IX, " Apostolicfe Sedis." 



SOLLICITATIO PROPRII POENITENTIS AD TURPIA 377 

later on, they can be absolved from the excommunication by 
any priest.^^^ 

In conclusion, we enumerate the penalties which are to be 
imposed upon priests soliciting, according to the nature of the 
offense, and according to the circumstances : — 

(1) Suspension from the exercise of the sacerdotal powers; 
(2) deprivation of benefices, dignities, and offices, with perpetual 
disability to acquire such again; (3) deprivation of active and 
passive vote, when Regulars are in question ; and, (4) continual 
disability to celebrate Mass. But all these penalties are poenoe 
ferendce sententice; degradation, and delivering the delinquent 
to the hrachium sceculare, are not resorted to nowadays. Greg- 
ory XV appointed this punishment, but, as the Instruction 
says, we must regard it more as imposed ad terrorem than for 
the purpose of being actually carried out.^^^ 

211 Cf. Bucceroni, 1. c. art. II. Sect. 1, n. 36, p. 61 s. For the Modus re- 
cipiendi denuntiadonem, see Instruct, cit. 1867, n. 6 ss. Acta S. Sedis, Vol. 
III. pp. 505 seq. The Instr. cit. nn. 9-16 describes the Modus procedendi con- 
tra SolUcitatites : cf. Bucceroni, 1. c. art. II. § 4, pp. 86-100. In this place 
the learned Roman professor also treats the question : can the bishop make 
a law denuntiandi sollicitantes extra confessionem — or a \duw denuntiandi sollici- 
tantes in confessione ad alia peccata quam ad turpia ? p. 99, etc. 

212 Instruct. 1867, n. 12. 



Section II 

THE OFFICE OF THE CONFESSOR 

When the priest who is rite authorized to administer th6 Sac- 
rament of Penance makes use of the power intrusted to him 
and exercises the office of a confessor, he performs a threefold 
office : that of Judge, that of Physician of the Soul, and that of 
Teacher. The most important of these is the first, the office of 
Judge ; this is his essential office by the institution of the Sacra- 
ment; while the other two are only of an accessory character, 
not because they are of inferior significance, — they are, indeed, 
very important offices, upon the faithful discharge of which 
much depends, — but because they ''dispose to the right exer- 
cise of the judicial office " and their faithful and zealous exe- 
cution is necessary to the better, more fruitful, and more 
salutary discharge of the former. If, in the administration of 
this Sacrament, the priest officiated merely as judge, without, 
at the same time, proving himself to be a physician and teacher 
also, he would discharge his office unfruitfuUy,' and weaken the 
efficacy of the Sacrament to which Christ has attached great 
effects. 



378 



CHAPTER I 

THE ESSENTIAL DUTIES OF THE CONFESSOR IN THE EXERCISE OF 

HIS office; or, the confessor considered in his office 

OF JUDGE 

As a judge, it is the priest's duty rightly to understand the 
matter — that is the sin — upon which he has to pass a sen- 
tence, to investigate the dispositions of the penitent, and to pro- 
nounce judgment. These three duties are the essential duties 
of the confessor in his office as judge. 

48. The Knowledge of the Sins. 

Christ has declared that we should confess to His ministers, 
i.e., we shall make declaration of all grave sins, with their num- 
ber and kind. By means of this self -accusation, the minister of 
the Sacrament of Confession is informed of the sins of the peni- 
tent upon which he must pass judgment. As the priest is medi- 
ator between God and the penitent, and is thus bound, on the 
one hand, to protect the rights of God and preserve the order 
of divine Justice, and, on the other hand, to support the penitent 
and lead him to reconciliation with God, he must take care that 
all that belongs to a complete confession is performed by the 
penitent and where it falls short of completeness to supply the 
defect by questions. 

The following principles are to be observed with regard to the 
duty of questioning : — 

I. The confessor is not bound to question the penitent, how- 
ever imeducated the latter may be, if he seems to be sufficiently 

379 



380 THE MINISTER OF THE SACRAMENT 

instructed in his Christian duties, and has, according to his 
power of understanding, carefully confessed his sins. The ques- 
tioning would otherwise become troublesome and useless. Still 
less is he, as a rule, bound to question those who often confess, 
and seldom sin gravely, such as pious persons, members of 
Religious Orders, priests, etc., unless it is clear from their 
accusation, or suspicion arises, that they have failed to confess 
something which it is necessary to confess. If this is the case, 
questioning is the more necessary with Regulars and priests, 
because there is danger that they might adopt, when hearing 
confessions themselves, the example of the superficial practice 
tolerated by their own confessors. 

II. The confessor is bound to put questions to the penitent 
if he clearly recognizes or conjectures that the penitent has not 
declared all that appertains to the completeness of the confes- 
sion, and what the confessor ought to know in order to perform 
his duty as judge and physician. As minister of the Sacrament, 
he must take care that the confession is a complete one, and, 
as it belongs to his office as judge, to investigate thoroughly the 
matter on which he has to pronounce judgment, and, as it is 
the duty of the physician to probe the wounds of the patient, 
so must the confessor sound the conscience of the penitent, by 
questioning about the sins which he supposes the penitent to 
have committed, and to have kept back out, of ignorance, or 
forgetfulness, or false shame; by determining more exactly 
the specified number of the sins, when it has been stated too 
inexactly or indefinitely, or by asking it, if it has not been men- 
tioned at all, and by investigating the necessary circumstances 
of the sins. Moreover, the confessor must find out the condition 
of the sinner himself, by which he may learn what advice is to be 
given, and what remedies employed to bring about the cure of 
the penitent.^^^ 

2^^ Cf. Rituale Roman. Sacram. Poenit. tit. 3, cp. 1, n. 15. Coiicil. Later. 
] y. cp. 21 , in Cap. 12 de Poenit. S. Alph. Lib. VI. nn. 607, 629. H. Ap. n. 102. 



THE KNOWLEDGE OF THE SINS 381 

The duty of the confessor in this regard is undoubted, and 
ex genere suo gravis. Therefore Benedict XIV did not hesitate 
to teach in his Constitution " Apostolica^' (26 June, 1749): 
^^ Above all, confessors should bear in mind that they do not 
discharge the duties of the office which they have undertaken — 
indeed, that all those are guilty of a great sin, who, while exer- 
cising the office of judge in the sacred tribunal of penance, 
unconcernedly Hsten to the penitents, do not exhort them, do 
not question them, but, when they have heard their sins, 
forthwith pronounce the words of absolution. This is certainly 
not the conduct of the zealous physician who pours oil and 
wine into the wound. And yet every one who administers the 
Sacrament of Penance holds the office of a physician ; he must, 
therefore, carefully investigate not only the circumstances of 
the sins, but the moral condition of the person who has fallen 
into them, in order that he may provide for him suitable reme- 
dies, by the use of which the cure of his soul may be effected." ^" 

Although this duty is one in se gravis, yet parvitas materice 
may be more easily admitted in it than in the duty of the peni- 
tent to examine himself, even in those things which he must per 
se confess under the head of grave sin, or in materia necessaria 
confessionis. As the confessor must give account to God of the 
confessions which he has heard, there rests upon him, because 
of the great number of confessions which he hears, a much 
greater burden with respect to their integrity than upon the in- 
dividual penitent. Billuart, however, rightly teaches: If the 
confessor, through slight neghgence, inattention, weakness of 
memory, absence of mind, weariness of spirit, etc., has forgotten 
to put a question, even on necessary matter, such omission would 
be no sin, or only a venial one; for no one is bound, in such 
great difficulty and moral impossibility, to remedy the defects of 
others. What Gury says seems also to be quite reasonable, viz. 
that the omission of one or other per se necessary question, in a 

214 Cf. n. 19. 



382 THE MINISTER OF THE SACRAMENT 

great number of confessions which a priest has heard, is, ex ipsa 
materioe parvitate, no grave sin.^^^ 

III. As regards the completeness of the confession, the con- 
fessor is not bound to question the penitent with scrupulous 
exactitude; on the contrary, he must act with moderation and 
prudence according to the position, age, and power of compre- 
hension of the penitent. The confessor need not, therefore, 
employ greater care in questioning than the penitent himself 
must employ in the examination of his conscience; but the 
latter is only bound to a mediocris diligentia in the examination 
of conscience. Moreover, the penitent is bound, in the first 
place, to know his sins ; in order to make a complete confession, 
the confessor is only bound to assist him. The duty of the 
latter to push inquiry is merely a secondary one ; that is, it must 
come into operation defectu poeniteniis. The extent of the con- 
fessor's obligation in this matter is, therefore, regarded strictly 
in accordance with the situation, station, and intelligence of 
the penitent, so that the confessor is not bound to ask more than 
the penitent (by virtue of his situation, station, and power of 
apprehension) is bound to confess. When, therefore, it is cer- 
tain that the penitent does not know, or has not noticed that 
certain circumstances add a new sinfulness to an act, the con- 
fessor is not bound to ask about them.^^^ 

49. The Nature of the Questions to be put to the Penitent. 

If the confessor is obhged to address questions to penitents, 
they must always be moderate, discreet, modest, and proper. 
(a) The questions must be moderate; that is, he should not 

21^ Gury, Casus Conscient. II. n. 669. Cf. Lehmkuhl, 1. c. Sacram. Poenit. 
Sect. III. n. 419. 

216 Moreover, the confessor must not only take care that the confession be 
complete ; he must also have regard for human weakness, lest through much 
questioning the confession become troublesome and odious. Cf. Lacroix, 
1. c. n. 1748; Aertnys, 1. c. n. 276; Lehmkuhl, 1. c. n. 419, ad 1, 3. 



NATURE OF QUESTIONS TO BE PUT TO PENITENT 383 

question the penitents concerning sins which, having regard to 
their station, their age, their circumstances in hfe and their 
moral condition, they have probably not committed. He must 
not put questions about all possible sins; he should rather ask 
first if the penitent has committed the sins which are generally 
committed by people of such age, education, and position. If 
the answers of the penitent give occasion for further questioning, 
he must proceed in his inquiry; if they do not give such occa- 
sion, the confessor should ask, quite in a general way, if there is 
anything else which troubles his conscience, and when, after a 
short reflection (for which the necessary time must always be 
allowed him) he answers that he has nothing more to say, there 
is no reason for further questioning. As for the rest, it would 
seem useful to drop, at a seasonable moment, an appropriately 
tactful exhortation concerning sincere confessions. ^^^ 

The questions of the confessor must be (6) discreet; that is, 
he must use the necessary discrimination in his questions; he 
must question with great prudence and caution. He must bear 
in mind the rule of the Roman Ritual: ''The confessor should 
detain no one with inquisitive and profitless questions, and, 
above all, let him not ask young people of what they are ignorant, 

21'^ St. Alphonsus teaches : " The confessor should not be too solicitous in 
questioning; let him ask the penitent about that which, having regard to 
his position, probably concerns him." And in another place his advice is : 
" Let him ask only about the sins which the penitents might easily commit, 
considering their station and intelligence." And Billuart says : " The con- 
fessor must make his investigations in a humane and temperate way, but 
not in ever}^ imaginable way. For the priest is not bound to examine the 
penitent more than the latter is bound to examine himself. . . . Nor is it 
to the point to say that the priest would perhaps find more if he sought 
more, for we have not only to consider the material completeness of the 
confession, but also that the Sacrament of Penance must not be made irk- 
some and odious to penitents by overgreat and exaggerated anxiety in 
questioning; it, therefore, suffices if the confessor can be prudently con- 
vinced that the penitent is omitting nothing that he ought to confess." Cf. 
S. Alph. Lib. VI. n. 607; H. Ap. Tract. 16, n. 102; Gury, Ed. Ratisb. Not. 
ad n. 615. 



384 THE MINISTEB OF THE SACRAMENT 

lest they be scandalized, and made familiar with new sins. "^^^ 
Let him, therefore, never address to penitents a question by 
which a sin of which they were ignorant might be made known to 
them. Especially should he be discreet in his questioning of 
children and young people, and in questions concerning sins 
of impurity (here special caution is necessary with regard to 
women), lest he awaken their curiosity and cause them to inves- 
tigate further, lest he teach the penitent sins, and lest he expose 
himself and the penitent to the danger of sin. When harm of 
this kind is to be feared, it is preferable that there should be 
some lack of material completeness in the confession, in con- 
formity with the rule : melius est in multis deficere (sc. relate ad 
integritatem) qitam in uno ahundare (i.e. in prohabilem ruinam 
poenitentis) . Two probable dangers here confront each other, 
a detriment to the soul of the penitent, and (material) incom- 
pleteness of the confession. Of the two the welfare of the soul 
is certainly to be preferred. 

The questions of the confessor must, moreover, be (c) modest. 
If the confessor is obliged to put to the penitent a question 
concerning res inhonestce, let him do this as modestly and pru- 
dently as he possibly can, and quite shortly. Of course he will 
often be obliged to put questions concerning the sins against 
purity, because penitents accuse themselves of these unwill- 
ingly, and very many do not properly confess their sins unless 
the confessor helps them. The confessor has, therefore, need of 
great prudence, in order, on the one hand, to elicit from the peni- 
tents what they conceal, and, on the other hand, not to teach 
them (especially the young) what they did not know before. 
He must here observe the following rules : (1) Let him avoid 
all curiosity, even the appearance of it, and all superfluous 
questions. When he fears that, out of anxiety of conscience, 
the penitent thinks that he has not fully confessed something, 

218 Tit. in. cp. 1, De Sacram. Pren. n. 16. 



NATURE OF QUESTIONS TO BE PUT TO PENITENT 385 

because he has not told all the circumstances, it is advisable to 
say to him at the end of the confession: '^I have perfectly well 
understood your sins ; do not, therefore, be anxious about not 
having fully declared the manner in which you sinned." And 
if the penitent himself, out of ignorance or anxiety, wishes to 
describe the manner in which the sins were committed, the con- 
fessor must admonish him that this is not necessary. On the 
other hand, if the confessor has to question the penitent, he can 
inform him that these questions are necessary in order to learn 
the species of the sin. (2) In putting these questions let him 
make use of only perfectly modest expressions ; when he speaks 
of the virtue of purity, let him always call it the angelic virtue, 
holy purity, in order to preserve the esteem and love of this 
virtue in himself, and inspire the penitent with it. And if the 
penitent should make use of improper, coarse expressions in 
confessing these sins, the confessor should gently admonish him, 
and teach him to express himself more becomingly. As long 
as it is doubtful whether the penitent has sinned against purity, 
the confessor should make use of general terms only, so that if 
the penitent has sinned, he may know it, and if he has not, 
may learn nothing new and dangerous. The confessor should 
generally begin with the lesser sins, and gradually proceed to the 
greater ones. He should begin with impure thoughts, wishes, 
hstening to, or uttering, impure words, and ask if he has had 
temptations against holy purity, etc., and proceed thus to ques- 
tions about acts. If the penitent denies having willingly enter- 
tained impure thoughts, he must not ask if he has sinned by 
impure actions ; if the penitent confesses interior sins of impurity, 
let the confessor ask if he has listened to impure talk, or uttered 
such himself, if he has been guilty of immodesty by looking or 
touching. If he answers this also in the affirmative, he should 
ask (if the penitent is an adult) if he has committed any im- 
modest act, or wished to do so; for there are penitents who, 
if they are not asked, conceal such sins, beheving that they 



386 THE MINISTER OF THE SACRAMENT 

satisfy their duty if, by some remark, they give the confessor 
opportunity to question them. The confessor must sometimes 
deviate from this order, when, for instance, the penitent has 
aheady, of himself, confessed that he has committed grave sins 
against purity, or when he is ill informed. For the common 
people often do not consider the delectationes morosas and the 
desideria as sins, at least when they did not wish to proceed to 
acts; it is the same with immodest talk, which they call joking. 
Such penitents must, as a rule, be questioned, and, in the first 
place, if they have done anything immodest, then if they have 
carried on talk of this kind, and lastly concerning the interior 
sins. The confessor will sometimes observe that those who 
accuse themselves of sins of thought only, have also sinned by 
impure talk and actions, either because they scarcely distinguish 
the thoughts from the actions, and believe that they confessed 
the actions also by accusing themselves of the sinful thoughts, 
or that they wish to give the confessor an opportunity of ques- 
tioning them about the actions of which they do not venture to 
accuse themselves, unless they are helped by the confessor.^" 

219 Cf. iErtnys, Practic. Inst. Confessar. P. 11. Cap. 11. art. 1, § 1, p. 27, 
n. 30; Theol. Moral. 1. c. n. 276; Lehmkuhl, 1. c. n. 420; Gmy, 1. c. 11. n. 
616; Reuter, Neo-Confessar. P. 1, cp. 3. Cf. P. II. cp. II. art. 1, 2, 3, cp. 3, 
art. 1 ; Ballerini, Op. Theol. Mor. 1. c. cp. II. n. 895 (where also some ex- 
amples are given) ; Benger, Pastoraltheologie, II. Vol. 4 Book, § 162, 
p. 412 ff. (2 ed.); Zenner, 1. c. P. II. Sect. 1, cp. 1, art. II. § 83-96. Segneri's 
most appropriate instruction deserves to be taken to heart by the confessor : 
Cupio magjiopere, te parcum, gravemque esse interrogando circa materiam luxu- 
rice, ne tihi accidat, qnod pictori, qui cum Helenam exquisita diiigentia depingeret, 
ejusdem cupiditate exardescer^e coepit et accendi. Utere proinde verborum mo- 
destia, et quamvis subinde circumstantia maneret tecta, quce alioquin ad integrita- 
tem materialem spectaret, nihil interest: aliud enim majus bonum prcevalet. 
Adeo foetet palus ista, ut consultum non sit, vel a Pcenitente vel a Confessario ubi 
opus non sit, moverl: sufficit requirere speciem pntrati sceleris, non vera niodum: 
et si ipsi vel ex irreverecundia vel ex ignorantia hunc vellent declarare, suaviter 
mone, necessarium non esse. Expediret hac in re imitari Philosophujii ilium, qui 
veritus, ne loquendo os cnnspurcaret, carbone descripsit. Instruct. Confessar. 
cap. ir. Cf. Lugo, I.e. Disp. 16, Sect. 14, n. 595; Coninck, De Sacram. 
Disp. 8, dub. 17, n. 121. 



NATURE OF QUESTIONS TO BE PUT TO PENITENT 387 

But with all these questions let the confessor be prudent and 
cautious. An imprudent confessor who neglects the necessary 
measures of precaution, may easily draw upon himself a denun- 
ciation, ac si sollicitationis reus sit. 

On this account he must not ask married people bluntly and 
without preliminary question if they have rendered to each other 
the debitum conjugate, unless a vahd reason or grounded suspi- 
cion justifies such question. He can, perhaps, in quite a general 
way, ask a wife if she has been obedient to her husband in all 
her duties, or if they have lived their married Hves in a truly 
Christian manner. If anything in conjugali debito that troubles 
the conscience has really taken place, opportunity is given to 
the penitent of saying so himself, and then it is for the confessor 
either to investigate further, or to instruct, which should, how- 
ever, be generally done in only a few words. ^^° Finally, the 
questions must be asked at id) the right time. Some questions 
are, as a rule, to be put before the accusation begins, for exam- 
ple (if the penitent does not say it of himself), when he last con- 
fessed; for this question contributes much towards a better 
knowledge of the number of the sins, and as to whether the peni- 
tent seldom or often receives the holy Sacraments, and whether 
greater or less care is necessary with him ; this is, too, the almost 
general practice of confessors. Questions concerning the posi- 
tion, age, etc., of the penitent are more expediently asked in 
the course of the confession, when, on account of some sin, 
occasion offers itself, or, which seems to be preferable, at the end 
of the accusation. Other questions which appear necessary 
for the completion of the confession or for better understanding 
the state of the penitent's soul, the confessor would best put 
when the accusation is finished. Penitents are often confused by 
being interrupted with questions, and cannot properly complete 
their confession. Let the confessor, therefore, keep in his mind 

220 Cf . S. Poenit. 8 June, 1842 ; Lehmkuhl, 1. c. n. 420. 



388 THE MINISTER OF THE SACRAMENT 

the individual sins concerning which he must ask questions for 
the purpose of completeness. Let it be, therefore, the rule, not 
to interrupt the penitent in his confession, unless a question 
should be immediately necessary. ^^^ 

After the confession the confessor should ask the penitent if 
anything still weighs upon his conscience ; especially let him ask 
illiterate people who seldom confess, if they are heartily sorry 
for their sins, and if they purpose firmly to avoid sin. 

On all occasions let the confessor avoid putting many ques- 
tions, and confine himself to necessary ones. In an especial 
manner let him avoid all that does not appertain to the confes- 
sion. He must remember that there are many penitents, espe- 
cially men of some position, to whom much questioning by the 
confessor is irritating. 

Moreover, let the confessor ask clearly, according to the intel- 
ligence of the penitents, so that these may perfectly understand 
and be able to answer correctly and shortly; the questions 
should, therefore, as a rule, not be of a general nature, but con- 
crete, brief, and simple. Sometimes, when the penitents are 
of very limited mental capacity, the questions must be repeated 
in different words. He must ask in good order, proceeding from 
the beginnings of sin to the completed acts, from the hghter to 
the more grievous ; from the usual to the extraordinary ; before 
asking about the species and the number, he must satisfy him- 

221 An exception can be made when the penitent has written his sins, and 
reads them, moreover, when the penitent is not able to make known his 
sins, and the confessor is obliged from the beginning of the confession to 
help by means of questions, he should not in that case proceed to another 
point till he is quite clear as to the one in question. When the penitent 
wishes to explain something to the confessor, the latter should not prevent 
him (unless it is concerning thhigs which are useless, not to the point, or 
mere excuses, or which incriminate others), he should rather allow him 
time to reveal his misery and his scruples; this especially applies when tlie 
penitent seldom confesses, or has come from a distance, or is making a gen- 
eral confession; the confessor must tlien receive him with all love and kind- 
ness, and must see that his conscience is quite set at rest. 



NATURE OF QUESTIONS TO BE PUT TO PENITENT 389 

self as to whether there was consent. The confessor must ask 
kindly and gently, so that the penitent may feel that the con- 
fessor is treating him with, truly paternal love. His special 
pattern must be the love and gentleness of Jesus towards sinners 
of which the Gospel fiu-nishes so many examples; in this way 
the confessor mns for himself that confidence which is so neces- 
sary, and induces the penitent to confess all his sins sincerely, 
w^hereas harshness intimidates the penitent and seals his mouth. 
The insincerity of the penitent, and consequently the incomplete- 
ness of the confession, would thus be the fault of the confessor, 
who has to see that there is integrity. Let the confessor, there- 
fore, refrain from every harsh word, make the penitent no 
reproach before the confession is complete, show no sign of dis- 
pleasure or surprise. Ilhterate penitents, those who have not 
confessed for a long time, and find confession hard, should be 
encouraged in a kindly manner to accuse themselves sincerely 
of all their known sins, before the confession begins. ^^^ 

As to questions in particular, some refer to the object, others 
to the circumstances, and others to the number of the sins. 
With regard to the object, it is advisable that the confessor, 
keeping in view the different classes in life, should arrange ques- 
tions for himself in the order of the Commandments, and impress 
them upon his memory, so that he may make a right use of them 
when necessary. But whether the penitent is likely to have 
committed other sins besides those which he has confessed, 
touching which the confessor may be bound to put questions 
to him, must be inferred from the penitent's occupation and 
manner of life, as also from the circumstances by which certain 
sins become the motives, or concomitants, of other sins (for ex- 
ample, drunkenness is generally the cause of quarreling, blas- 
phemy, impure thoughts, words, etc.). Moreover, it may 
happen that the penitent has a false conscience, a thing from 

222 Cf. Monita S. Francisci Salesii ad Confessarios, cp. 1, art. 2, § 7. 
Aertnys, Instr. pract. Confess. 1. c. n. 29, Q. 2. 



390 THE MINISTER OF THE SACRAMENT 

which illiterate penitents not seldom suffer, and, in consequence, 
confesses as grave sins, what, upon questioning, prove to be only 
venial sins. On the other hand, in order to form a sure judg- 
ment as to the gravity of the sins, the confessor should not ask 
uneducated people whether they regarded the sins as venial or 
mortal, for such people say just what comes into their heads, 
as St. Alphonsus testifies (^'w^ ego millies ohservavV^), and if the 
confessor repeats the same question in a different way after- 
wards, they will answer the exact opposite.f^^ 

As to the circumstances the confessor must see that the accu- 
sation of the penitent and his own questions are confined to 
those which ought of necessity to be mentioned; nor should he 
ask about such circumstances as are unlikely to occur in the 
case of his penitents.^^* 

As to the number of the sins, the confessor must inquire if 
the penitent does not mention it when confessing mortal sins, 
and it is beneficial to admonish him to give in future the num- 
ber, when he believes the sins to be mortal.^^^ If interior sins, 
such as hatred, impurity, etc., have become habitual, the con- 
fessor has, in most cases, performed his duty when he has found 
out the greater or less frequency in the day or the week, because 
a more exact enumeration of these sins is hardly possible. And 
if some one confesses multa desideria erga quaslihet feminas 
ohvias, the number is sufficiently indicated by' the penitent 
confessing, se modo nuptas modo innuptas concupivisse. More- 
over, when, with habitual sinners, the confessor himself suggests 
a number, in order to obtain an estimate of the real number, 
let him choose a number higher than he expects to hear, so that 
the penitent may be able to reduce it, or to add only slightly 
to it, according to circumstances; if he merely assent to the 
number, the confessor can then propose a higher one. In addi- 
tion, the confessor must, where it is necessary, inquire into the 

223 Praxis Confess, n. 20. 

224 Stang, Pastoral Theology, Book II. c. 4, § 25. 225 n^i^i^ § 33^ „. 3. 



NATURE OF QUESTIONS TO BE PUT TO PENITENT 391 

dispositions of the penitent — as a necessary preparation for 
absolution; if he is wilhng, for instance, to make restitution, 
to remove the immediate occasion of sin, if he is wilhng to for- 
give, etc. He must ask a relapsing sinner, during what length 
of time, from the last confession, he refrained from sin, how long 
he resisted temptation, employed the remedies, etc., for the guilt 
is not the same if the penitent overcame himself for a consider- 
able time, or if he did not sin because the occasion was wanting, 
or he was not assailed by great temptation.^^^ 

For younger and inexperienced confessors we would suggest 
that penitents not seldom ^^^ conceal sins. This generally hap- 
pens : (1) from false shame in confessing certain sins of impurity, 
sacrilegious confessions and communions, and acts of injustice; 
this shame is greatly increased by a certain natural shyness, 
especially in young women; (2) from fear of losing the respect 
of the confessor, and (3) from fear of reproof or of refusal of 
absolution. 

The confessor must devote special care to these unhappy 
penitents. ^'It cannot be described how much the zeal of an 
experienced confessor can effect with them," says the venerable 
Paul Segneri, and entering into the practical treatment of these 
penitents, he writes: ^^ Through a little opening, that is, after 
the penitent has confessed some lesser fault, let the confessor 
procure for himself further access to his heart, and, having 
gained entrance, seek what hidden sins there are to be found." 
And, giving an example, he proceeds: ^'When a youth comes 
to you to confess, and accuses himself of carrying on love affairs, 
indulging in frivolous talk, allowing his eyes too much liberty, 
and adds nothing more to this, let the confessor proceed skill- 
fully from the talk and the looks, and examine into the impure 
thoughts, and the consent given to them; from these to the 

226 Cf. Aertnys, Institut. pract. 1. c. n. 30. 

2-'^ Cf. S. Alph. Silva, part 3, cp. 10 ; Segneri, Instructio Poenitent. cp. 
IQ et seq. 



392 THE MINISTER OF THE SACRAMENT 

immodest acts which the penitent has committed with himself 
or with others. But prudence is necessary that mistakes may 
not be made. For here a wound is to be cleansed, there care 
to be taken that the healthy, uncontaminated part be not in- 
fected, that evil still unknown may not be learnt. Doubt not 
that light from heaven, which you must invoke, and experi- 
ence constantly increasing with practice, will show you the safe 
way between these two rocks. ... It is scarcely to be 
believed how useful it is to so formulate the questions yourself 
that the penitent has nothing to say but, 'Yes,' or 'No.' 
What a comfort it was to the Samaritan woman to be able to 
declare : ' I have found some one who has told me all that I 
have done.' If she had been called upon to confess her sins 
herself, who knows if she could ever have been brought to do 
so? But when she saw herself with such gentleness probed 
and fathomed by Christ, it was no longer difficult for her to con- 
fess." . . . ''But in such confessions," adds Segneri, "refrain 
from every sign by which the penitent could infer that the sins 
confessed to you seem very grave. Remind him of the joy in 
heaven over the conversion of a single sinner, and of the peace 
of mind with which he can go home, blessing a thousand times 
the day on which he delivered his conscience from such a bur- 
den." 22« 

Whilst the confessor cannot always prevent the concealment 
of sins; yet in many cases he will by prudent inquiry succeed 
in procuring sincere confessions. To this end, he must receive 
penitents with cordial friendliness, benevolence, and gentleness, 
reminding them that a confession which is not made with full 
sincerity is invalid and sacrilegious ; and that Satan, crafty and 
envious, awakens false shame in penitents, in order to rob them 
of the effects of grace in this Sacrament. 

Let the confessor also observe the following special remedies : 

228 Instructio Confessar. cp. 2. 



NATURE OF QUESTIONS TO BE PUT TO PENITENT 393 

1. In order to remove false shame, let the penitent understand 
that a priest often hears much more shameful and serious sins; 
that the penitent is not known to him ; let the priest encourage 
the penitent and defer reproof till the end of the confession; 
remind him of the seal of the confessional to which the con- 
fessor is most strictly bound, but also of the certain disclos- 
ing of the concealed sins before the whole world at the Last 
Judgment. 2. In order to remove fear of losing the esteem 
of the confessor, the confessor should avoid familiarity with his 
penitents, not visit them at their homes without urgent neces- 
sity, and not permit them to come to his house to speak about 
matters of conscience, as such things are to be treated in the 
confessional. Moreover, he must not object to his usual peni- 
tents occasionally confessing to another confessor; and if they 
have done so, he should commend them for it; an exception is 
to be made here in the case of scrupulous persons, who, by so 
doing, might only become the more confused, because another 
confessor would not know them as scrupulous persons. — 
"Caveat Confessarius, ne motiva naturalia et humana adhiheat 
ad fiduciam poenitentium, mulierum prcecipue, sibi conciliandam ; 
id quippe periculosum est.^^ ^^^ 

It follows from the above, that the confessor, at the end of the 
confession, may, and should, kindly ask unknown penitents 
(whose sincerity he justly doubts) if anything in their past 
lives still troubles their conscience, and encourage them to con- 
fess everything. By such questions not a few persons, espe- 
cially of the uneducated class, and women, and children, are 
saved from sacrilege, — that is to say, they are induced to confess 
sins hitherto concealed; or the confessor may take occasion, 
from the silence or a confused answer, prudently to investigate 
the matter further. If, however, he discovers some defect in 
former confessions, he must admonish the penitent to repeat 

229 Cf . Aertnys, Instr. pract. 1. c. § 1, p. 32 s. Cf . S- Alph. Praxis Confess, 
n. 19 ss. 



39-1 THE MINISTER OF THE SACRAMENT 

these invalid confessions by a general confession and assist him 
in doing so.^^^ 

If the penitent declares that he has nothing more of which to 
accuse himself, absolution must be given him — if he is, in other 
respects, worthy of it; for in cases of doubt as to the honesty 
of a penitent, there is no other means of arriving at the truth 
than by the testimony of the penitent himself, as he, himself, 
is defendant and witness. ^^^ 

But what is the confessor to do if he knows positively that the 
penitent has concealed or denied a sin? 

1. If he has obtained this knowledge outside of the confes- 
sional, and that (a) by his own observation {ex propria experi- 
entia), having himself seen or heard the sin of the penitent, he 
cannot absolve him as long as, on the one hand, the latter, 
when questioned, obstinately denies having committed the sin, 
and while, on the other hand, the confessor knows positively 
that the sin in question has not in the meantime been confessed 
to another priest. For then defect in formal integrity has been 
demonstrated. If the confessor has obtained his knowledge 
(h) on the statement of another, he must, as a rule, absolve the 
penitent, even if he when carefully questioned denies, for here 
the declaration of the penitent himself is to be preferred to the 
testimony of others ; these latter may have been in error. More- 
over, the confessor can assume that the penitent, if he really 
committed the sin, has forgotten it, or confessed it to another 
priest, or has some lawful ground for concealing it now. But 
if the witnesses were so trustworthy that no doubt could be enter- 
tained as to their statements, and if the confessor knew positively 
that since committing the sin the penitent had not confessed to 
another priest, and also that he could not have forgotten it, 
he cannot, as long as the penitent denies the sin, absolve him, 

2^° See Stang, Pastoral Theol. 1. c. on general confession. 
281 S. Alph. Lib. VI. n. 631; S. Thorn. Opusc. 12, Q. 6, and Quodlib. 1, a. 
12 et 17. Cf. Gury, II. u. 618. Ed. Ratisb. 



NATURE OF QUESTIONS TO BE PUT TO PENITENT 395 

because, in this case, a lie on the part of the penitent, quite 
inconsistent with the integrity of the confession, has been 
demonstrated; this case, however, will seldom occur. 

2. If the confessor has obtained his knowledge from the con- 
fession of the accomplice (complex) he is not allowed specially 
to question the penitent concerning this sin, if he has not received 
from the accomplice express permission to do so, or if this sin 
does not generally occur with people in that station, or in those 
circumstances; otherwise he may only ask the penitent in a 
general way, as he would in any case have done, or should have 
done, — for example, if anything more troubles his conscience ; 
and he can, in a general way, without letting his knowledge be 
suspected, exhort him to confess his sins sincerely; but the 
danger of breaking the seal of the confessional — by, perhaps, 
asking the penitent the same thing several times — must be 
carefully avoided. As to whether he can absolve such a peni- 
tent is a controverted point. After quoting the opinion of 
others on the subject, St. Alphonsus teaches: ''In my judg- 
ment the opinion of Lacroix is to be preferred, that is, the con- 
fessor should not absolve, not even sub conditione, but should 
say a prayer, to conceal the fact that absolution is refused, 
because, in this manner, he, on the one hand, saves the seal — 
revealing nothing and inconveniencing no one — and, on the 
other hand, he has regard for the reverence due to the Sacra- 
ment by preventing its frustration." ^^^ 

232 Cf. S. Alph. Lib. VI. n. 631 ; H. Ap. n. 120 ; Lacroix, Lib. VI. P. IL 
n. 1969; Miiller, 1. c. Lib. III. Tr. II. § 152; Scavini, Lib. IIL n. 381; 
Kenrick, Tract. 18, n. 216 ; Schneider, Mannale Sacerd. Ed. VL pp. 428-429 ; 
Konings, etc. This opinion and practice was first introduced by Illsung (a 
German Jesuit, who died in 1695), Theol. practica univers. Tract. 6, Disp. 6, 
Q. 4, art. 7, § 4, n. 128, erroneously appealing to the testimony of Suarez, 
who (De Poen. Disp. 32, Sect. 3, n. 9), however, teaches the exact opposite : 
Respondetur, regular iter standum esse confessioni et dicto poenitentis : unde 
quantumcunque confensor sciat peccatum poenitentis ex aliorum relatione (there- 
fore, in confessione also) tenetur, in hoc Judicio magis credere ipsi poRnitenti, 
propter rationem factam. Lacroix took this opinion from Illsung with the 



396 THE MINISTER OF THE SACRAMENT 

Other theologians teach with Suarez that absolution may 
only be refused when it is quite evident that the penitent is 
telling a lie to the prejudice of the integrity of the confession. 
Indeed, not a few teach that absolution must, in every case, 
be given to the penitent who denies his sin, when the knowledge 
of this sin was obtained only from the confession of another, as 
this knowledge is to be regarded as not existing. This opinion 
is sufficiently probable, and deserves the preference, especially 
as it safeguards the sigillum. We must, moreover, consider 
that we can scarcely have a certainty that the penitent is con- 
fessing sacrilegiously, quite apart from the consideration that it 
is not lawful to make use of knowledge gained in the con- 
fessional for the spiritual guidance of another. Absolution sub 
conditione can also be given in this case, as this course preserves 
the reverence due to the Sacrament.^^^ 

But it is the confessor's duty not only to understand the sins 
and to supplement the confession ; he must also form for himself 
a judgment concerning the gravity of sins which he has heard. 
Although he must hear and understand all the sins of the peni- 
tent, and would sin if he absolved, and had failed through his 

alleged testimony of Suarez, adding, ex inadvertentia, Dicastillo as a further 
witness, whom Lllsung had quoted for another purpose. St. Alphoiisus 
reckons Viva also among these, who, however, does not adhere to this 
opinion. Cf . Ballerini, Notae ad Gury, II. n. 619, who finally remarks : 
Ista opinio igitur tota dehetur hcUlucinationi, quae perperam- Suaresii, DicastiUi 
et VivcB auctoritateni adduxit. Op. Theol. Mor. 1. c. cp. II. nn. 890-895. 

233 Cf. Lugo, Disp. 22, n. 22 ; Elbel, De Sacram. in gen. confer. 2, n. 41: et 
de Poenit. n. 453 ; Laymanu, Lib. V. Tract. 6, cp. 14, n. 24 ; Mazzotta, Tr. 6, 
Disp. 2, Q. 2, cp. 2, § 8 ; Billuart, Diss. 6, art. 10, § 2 ; Gury, 1. c. ; Aertnys, 1. c. 
n. 278. Lehmkuhl (1. c. n. 429) says that, considered by itself, the confessor 
may but is not obliged to adopt the opinion of St. Alphonsus ; that there is 
only this point in its favor, that without inconveniencing the penitent, or 
without revealing the other confession, sacrilege can be avoided. But the 
penitent commits a sacrilege whether the confessor gives him absolution or 
not. On the other hand, the administration of the absolution by the con- 
fessor is only a material cooperation, and one cannot oblige him, in order to 
avoid this, to make use of knowledge gained from the confession of another. 
Cf. Gobat, 1. c. Tract. 7, n. 875. 



NATURE OF QUESTIONS TO BE PUT TO PENITENT 397 

own fault to take cognizance of a mortal sin, it is not necessary 
for him to pass judgment on everything he hears from the peni- 
tent. It is sufficient if he is able to do this in regard to the sins 
which usually occur; for the rest let him hear, take note, and 
then absolve. Thus St. Alphonsus,^^^ and other theologians. 
Lehmkuhl remarks, that this necessary judgment is formed as 
soon as the confessor hears the sins, provided that he has an 
habitual knowledge which enables him to distinguish objectively 
grave and venial sins, and to apprehend their specific sinfulness. 
Whether the subjective malice has any proportion to the sin 
considered objectively cannot always be ascertained, though it 
may generally be presumed ; nor is it always possible to discover 
it. Such questions, therefore, should not be asked (unless, 
perhaps, in the case of well-instructed penitents), for they are 
quite useless. It is a different matter with questions regarding 
the advertence and the consent of the will, and the objective 
gravity of the sins, in so far as it depends upon the circumstances. 
Such questions the confessor must ask per se, when the confession 
of the penitent leaves it doubtful if the materia has been gravis 
or levis, and no penitent, be he who he may, can be offended 
by such questions ; nevertheless, it is not always necessary to 
put these questions, as, sometimes, a confessor may content him- 
self with a presumption based upon the conscience of the peni- 
tent well known to him, or other indications.^^^ The priest 

234 L. c. n. 627 ; H. Ap. n. 104. 

235 Cf. Lehmkuhl, 1. c. n. 421. He also cites some examples from other 
authors, for instance, Gobat (Tract- 7, n. 338) : " Si religiosus, a castitate mihi 
notus, diceret, se semel furpia locutum esse, pvfBsumerem, hcec esse scurriUa, non 
contra castitatem.'" Attamen hcec pofius per exceptionem dicuntur ; nam genera- 
lis regula est ut, si brevi interrogatione confessarius duhium de gravi aut levi 
peccato solvere possit, hanc instituere deheat. Mazzotta furnishes a fui'ther 
example (1. c. Q. II. cp. 2, § 2) : " A confessor who (involuntarily or acci- 
dentally) is distracted, and, because knowing the state of the conscience of 
his penitent, can presume that what he missed was something unimportant, 
may remain silent about it and absolve, if questions would be regarded as 
troublesome," Indeed, Gobat adds ; If the confessor knew from experience 



398 THE MINISTER OF THE SACRAMENT 

must pronounce judgment, as we have said, on the gravity of the 
sins, and have in his memory the sins confessed by the penitent, 
not as Suarez states, in order to absolve, but in order to form a 
correct judgment of the moral state of the penitent, and of his 
dispositions for the reception of absolution^ and in order to 
impose a suitable penance.^^^ 

50. The Examination of the Dispositions of the Penitent. 

The dispositions of the penitent consist in true sorrow and 
firm purpose of amendment. They are at the same time the 
quasi materia of this Sacrament, so that if they are wanting the 
absolution is invahd. The minister of the Sacrament of Pen- 
ance must, therefore, make it a point to determine whether 
the penitent is properly disposed. But as this disposition is 
an interior matter, there arises for the confessor the great diffi- 
culty of knowing by what sign he may recognize it. 

Hence the following principles : — 

I. It is the duty of the confessor diligently to examine whether 
the penitent is properly disposed. This is evident from our 
introductory remarks, also from the fact that the confessor is 
a judge, and it is the duty of a judge to form an opinion of the 
worthiness or unworthiness of the accused. Finally, it results 
from the fact that he has to discharge his important office as a 
dispensator fidelis, and, as such, may not give Sanctum canihus.^^'^ 
Therefore, Suarez sa5^s: ^^ Before the confessor absolves he must 
prudenter et probabiliter judicare, if the penitent is disposed, 

that his penitent generally committed no mortal sins, but {e.g.) only accused 
himself of little falsehoods, he can absolve him even if, on account of dis- 
traction, he does not know a single sin of which the penitent accused him- 
self ; but it is advisable in practice to make the penitent repeat at least a 
venial sin, perhaps the last, and then absolve. Lehmkuhl's caution, how- 
ever, is to be observed, namely, not to apply in a more general way that 
which is prescribed for an extraordinary case. Cf. Lehmkuhl, 1. c. n. 421. 

236 Cf. Suarez, De Poenit. Disp. 22, s. 6, n. 7 ; Mazzotta, 1. c. 

237 Cf. S. Alph. H. Ap. n. 117. 



EXAMINATION OF THE DISPOSITIONS OF PENITENT 399 

because he would otherwise expose himself to the danger of 
making mistakes, and would act without sufficient knowledge." ^^^ 

II. The confessor must arrive at a certitudo moralis, that is, 
a reasonable and probable judgment, that the penitent is dis- 
posed. This judicium prudens ei prohahile is necessary, as it is 
not allowed (except in case of necessity) to administer the Sac- 
rament cum prudenti duhio as to its vahdity ; but, on the other 
hand, it is also sufficient because the disposition of the soul is an 
interior matter, the exterior signs and indications of which pro- 
duce, generally, only a moral certainty, a probabihty. The proper 
disposition of the penitent must, therefore, be presumed, unless 
circumstances directly suggest suspicion of the contrary.^^^ 

III. The confessor may regard as indicating proper disposi- 
tions the fact that the penitent comes to confession of his own 
accord, and not on account of the law of the Church, or with a 
view to receiving some other Sacrament, or under compulsion 
from parents or others; voluntary confession {confessio libera) 
alone, or in connection with a protestation of sorrow and a pur- 
pose of amendment, is the usual sign {signum ordinarium) of 
good dispositions, except when this protestation is rendered 
suspicious by some other circumstance. The confession itself 
affords ground for the presumption that the penitent is disposed, 
sorrow being made manifest by the confession and the princi- 
ple holding good : nemo malus prcesumendus est. We may not, 
therefore, presume that a penitent comes to confession indis- 
posed; there must first be ground for such presumption. There- 
fore, the Roman Catechism teaches i^^*' Si audita confessione, 
judicaverit (Sacerdos) nequ£ in enumerandis peccatis diligentiam 
nee in detestandis dolorem omnino defuisse, which means that the 
penitent can be absolved when dolor tam contritionis quam attri- 
tionis is not wanting in him, for if neither is present there is no 

238 De Poeiiit. Disp. 32, s. 2. 

239 S. Alph. Lib. VI. n. 461 ; Bucceroni, Commentar. III. De absolut. 
danda, etc. Edit. alt. Rom^, 1889, § 1, n. 3. 24o j)q Poenit. n. 82. 



400 THE MINISTER OF THE SACRAMENT 

sorrow at all.^" When the priest has heard the confession, and 
assured himself that the penitent has carefully examined his con- 
science and confessed his sins, and that he is sorry for them, he 
must absolve him.^^^ When, therefore, the penitent shows by the 
manner of his self-accusation that he has contrition, and when his 
demeanor is worthy of the Sacrament and becoming a penitent, 
and his confession is sincere, the confessor must not doubt as 
to his dispositions, unless, as before said, there is positive pre- 
sumption for the contrary. The presumption in favor of his 
dispositions derived from the confession will be neutralized by 
the opposite presumption which well-founded indications of 
indisposition produce. That in the case of contrary presump- 
tion the confessor may again decide in favor of the penitent 
and credit his assertion, '^certain other, more or less weighty, 
arguments must be superadded" which tend to weaken the first 
suspicion or to destroy it totally. These arguments are called 
"signa doloris extraordinaria.^' ^^^ But the confessor must not 
attach too much importance to these extraordinary signs, and 
must bear in mind that no one of those usually given by the 
theologians supplies, under all circumstances, complete proof 
of the penitent's disposition. As such signs (which, when neces- 
sary, may furnish a stronger and special proof of the penitent's 
sorrow and purpose of amendment) St. Alphonsus,^^^ Reuter,^*^ 
and other authors enumerate the following: (1) any striving 
after amendment w^hich the penitent has shown; (2) any spe- 
cial manifestation of sorrow on the part of the penitent himself. 



2« Cf. Aertnys, 1. c. n. 279, III. Nota 1. 

242 Cf. S. Alph. Lib. VI. n. 459, Prax. Conf. n. 71 ; Bucceroni, 1. c. n. 4; 
S. Thorn, in 4, Dist. 17, Q. 5, a. 3. 

2'i3 Cf. Aertnys, 1. c. n. 279 ; Lehmkuhl, 1. c. n. 424, who remarks on this : 
Attamen in re aliqua '■'■ extrnordinaria" insistendum non est. Neque quodlihet 
horum signorum in quihudihet adjunctis certain prohationem facit. 

244 Cf. Lib. VI. n. 460. 

245 Neo-Confessar. n. 177. Cf. Aertnys, 1. c. n. 279 and Append, de recidi- 
vis. n. 314. Lehmkuhl, 1. c. n. 427. 



EXAMINATION OF THE DISPOSITIONS OF PENITENT 401 

or due to the exhortation of the confessor (for instance, tears, 
sighs, etc., although tears and sighs are not always to be trusted) ; 
(3) that the penitent was induced to confess by some special, 
extraordinary motive; (4) that, upon the exhortation of the 
confessor, he has attained to a better apprehension of sin, and 
an abhorrence of it; (5) that he has now ultimately confessed 
to the confessor long concealed sins; (6) that the number of 
the sins has become considerably less, although the circumstances 
remained the same (for if the penitent had been prevented from 
sinning by illness, or a similar circumstance, this would be no 
signum extraordinarium) ; (7) that restitution has been really 
made, the habit overcome, or some other difficult duty fulfilled; 
(8) that, in view of the confession which he wishes to make, he 
has increased prayer, given alms, undertaken fasting or other 
good works; (9) that he has voluntarily sought the means of 
amendment at the hands of the confessor, gladly adopted those 
proposed to him, or sincerely promised to adopt them; (10) that 
he wilHngly undertakes a severe penance, and offers to make 
satisfaction to God; (11) voluntary, spontaneous confession 
may often be a sufficient sign. 

IV. The question for us now is : in what cases a serious ^'prae- 
judicium^' against the disposition of the penitent arises. Accord- 
ing to the teaching of St. Leonard of Port Maurice, they are the 
following: (1) when the penitent always relapses in the same 
sins, and there is no visible trace or hope of amendment ; (2) when 
the penitent answers coldly that he is sorry, especially when he 
has often relapsed; (3) when he has not applied the remedies 
given by the confessor; (4) when the penitent has made con- 
stant and unusual efforts for the gratification of his passions; 
(5) when the penitent receives the holy Sacraments only if 
commanded to do so by parents or teachers, or out of mere cus- 
tom on feast-days, or out of human considerations; (6) when 
the penitent presumptuously excuses his sins, or enters into dis- 
pute with his confessor, a fortiori if he should even boast of his 



402 THE MINISTER OF THE SACRAMENT 

sins; (7) when the penitent refuses to accept a reasonable pen- 
ance, for punishment or for amendment; (8) when the penitent 
shows a great inchnation to sin, or covets the profit or great 
pleasure obtained from the sin.^*^ 

V. A penitent is to be regarded as completely indisposed who 
positively has no supernatural sorrow, and no real purpose of 
amendment, especially one who refuses to undertake a difficult 
obligation; one, for example: (1) who does not remove the im- 
mediate and willful occasion of sin ; ^^^ (2) who will not lay aside 
enmity and hatred, and will not be reconciled; (3) who will not 
make restitution and repair injury; (4) who will not give up 
sinful occupations; (5) who will not promise to exert himself 
to lay aside a bad habit ; (6) who does not employ the necessary 
means of amendment; (7) who is not willing to remove scandal 
that he has given or still gives to others. 

VI. That penitent is doubtfully disposed against whom there 
is a well-founded " prcE judicium/^ — one arising from positive 
indications, — which prcejudicium he has not wholly removed, 
so that there is still valid ground for considering him as not 
yet sufficiently disposed. 

51. The Confessor's Duty in Disposing his Penitents. 

The confessor must, with fatherly love and care, to the best 
of his ability, dispose those penitents whom, after instruction 
and exhortation, he sees to be insufficiently disposed; and he 
is bound to this ex rigoroso religionis et charitatis officio. Mag- 
nificent is the discourse on this subject which Leo XII in his 
EncycHcal letter of Dec. 25, 1825, extending the Jubilee to the 
whole Church, addressed to all the bishops. In § 5 the Pope 
writes: ''You know well how necessary and salutary the labor 
of those priests is to whom the faithful must confess their sins, 
in order that they may be able to perform with fruit what they 

246 See in Lehmkuhl, 1. c. ii. 624. 247 See § 63. 



conf:essor's duty m disposing penitents 408 

have been taught. Therefore it must be your zealous care that 
those priests appointed by you to hear confessions do not forget 
what our predecessor Innocent III prescribed with regard to 
the minister of the Sacrament of Penance ; namely, that he should 
be discretus et cautus, in order to pour wine and oil, Hke the ex- 
perienced physician, into the wounds of the stricken one, to give 
him good advice, and to prescribe what means of improvement 
he must employ." And, after remarking (with a reference to 
the words of the Roman Ritual) that the priest must exercise 
great care as to whom he administers absolution, to whom he 
refuses it, and when he postpones it, especially emphasizing to 
whom it may not be given, he goes on to say that every one can 
easily see how totally different from this the procedure of those 
priests is, "who, as soon as they perceive that a person is bur- 
dened with many sins, at once declare that they cannot give him 
absolution, thus refusing to heal those for whose healing they 
were in a special manner appointed by Him who said : ' Those 
who are whole need not the physician, but those who are sick,' 
or to whom the least effort in eliciting sorrow and good purpose 
seems sufficient, and only then believe that they have taken a 
safe decision when they send the penitent away, to absolve him 
at some other time. For if ever the golden mean is to be ob- 
served, it is eminently in this case, so that too great ease of 
obtaining absolution may not engender carelessness in commit- 
ting sin, and that too great difficulty may not estrange souls 
from the confessional and plunge them into despair of salvation. 
For many present themselves before the ministers of the Sacra- 
ment of Penance who are quite unprepared, but are in such 
dispositions that they might become prepared if only the priest, 
equipped with the compassion of Jesus Christ, who came to call 
not the just but sinners, understood how to treat them with zeal, 
patience, and gentleness. Those are not to be regarded as un- 
prepared who have committed very grave offenses, or who have 
not confessed for very many years — for the mercy of the Lord 



404 THE MINISTER OF THE SACRAMENT 

knows no bounds, and inexhaustible is the treasure of His good- 
ness — or who, ignorant, of humble condition, and slow of percep- 
tion, have not duly examined themselves, for without the help 
of the priest they are unable to do this ; but only those who, after 
being questioned by the confessor concerning their sins with 
necessary care (but not with a minuteness immoderately trouble- 
some to them), and after the confessor has exhausted all the zeal 
which love can inspire, accompanied with fervent prayer, to 
move them to sorrow for their sins, are found to be wholly and 
entirely devoid of that sorrow by which they should at least 
become disposed to obtain grace in the Sacrament. In what- 
ever dispositions those may be who approach the minister of 
the Sacrament of Penance, they should not be allowed to de- 
spair on account of their guilt, and to go away estranged from 
the goodness of God or the Sacrament of reconciliation. . . . 
St. Raymond of Pennafort, whom the Church calls the eminent 
minister of the Sacrament of Penance, may serve as a fitting 
example of this love. 'After the confessor has heard the sins,' 
he says, ' let him comfort the sinner and bear his burden with 
him, let him be tender of heart, forbearing towards the penitent 
in his sins, let him distinguish with prudence, assist the person 
confessing with his prayers, give alms, and perform other good 
works for him, ever aid him with gentle exhortation, suggesting 
grounds for consolation, encouraging him to hope and also 
remonstrating with him when necessary.' " With these golden 
words, born of love for sinners and burning zeal for souls, the 
Pope admonishes confessors to take most benevolent interest in 
their penitents in order to dispose them. This is, indeed, a 
strict duty of love; love of God and of the poor sinner must 
move the confessor to use every exertion in his power to rescue 
him from his unhappy situation, and reconcile him with God. 
The confessor must thus act as the attorney of God and the 
father of the penitent ; and as physician of the soul he is bound, 
after the example of the good Samaritan, to apply promptly 



CONFESSOR S DUTY IN DISPOSING PENITENTS 405 

for the sick soul of the penitent a suitable remedy, and the only 
suitable remedy here is the valid reception of absolution.^^^ 

It is true, as Segneri^^^ says, that the heart of the sinner not 
seldom becomes as hard as stone (Job xli. 15) ; nevertheless, 
we must try to soften it, and to arouse in these wretched men — 
the more unhappy as their wretched state is of their own choice — 
sorrow for past sin, and a sincere determination never more to 
return to it. But in order to move them to sorrow and penance, 
powerful motives for sorrow must be proposed, and it is well to 
support these by one or more passages from Scripture, or utter- 
ances of a saint. These generally refer to the nature, the effects, 
and the consequences of sin —sin as the most terrible wrong done 
to the majesty of God (Jer. ii. 2) ; as the blackest ingratitude 
towards God, our best Father, and most generous benefactor 
(Deut. xxxii. 5, 18; Is. i. 3; v. 4; 2 Kings xii. 7); as the most 
execrable faithlessness tow^arcls Jesus, our most loving Redeemer 
(Heb. vi. 6 ; John x. 22) ; as an evil which brings with it the loss 
of grace and of the happiness of heaven (Wis. vii. 14; 2 Cor. ii. 
9) ; leading to hell (Is. xxxiii. 14; Matt. xxvi. 26) ; and preparing 
a terrible death (Prov. vi. 34; Heb. x. 31) ; which is most hateful 
and disgraceful in itself; making the sinner an abomination 
before God and a slave of the devil (Ps. v. 6; Wis. xiv. 9). The 
peculiar hatefulness, the evil consequences, and danger of spe- 
cial sins may be described, as, for example, impurity, robbing 
man of innocence, ruining him in body and soul, surrendering 
him to disgrace and shame, making him the object of God's espe- 
cial abhorrence, and exposing him to severe punishment. But, 
in a particular manner, let the confessor seek to deter the peni- 

2*^8 It is not enough to say to indisposed penitents something of this kind : 
" Well, beg pardon of God for all your sins " (this is no true act of sorrow), 
or, "Are you heartily sorry for all your sins?" Effort must, above all 
things, be directed towards awakening in penitents (who have committed 
grave sins) a real abhorrence of sin ; to this end they must first be prepared 
by an act of imperfect contrition, and then we must seek to bring them to 
perfect contrition. 249 Instruct. Confess, cp. 8. 



406 THE MINISTER OF THE SACRAMENT 

tent from relapse, impressing upon him the great truth that the 
difficulty of effecting his salvation increases in the same pro- 
portion as the number of his sins ; that bad habits always 
become stronger, the mind more darkened, the will weaker, also 
that he is always becoming more unworthy of divine grace, that 
the evil one obtains more power over a man as the sinner's re- 
sistance grows less. It is, however, neither necessary nor useful 
to set forth these motives indiscriminately ; they must be chosen 
with a view to suit the penitent,^^^ and not only stored in the 
memory, but, by meditation, deeply imprinted on the heart of 
the confessor, that he may bring them home to the penitent 
with the warmth of conviction and a persuasive unction. 

The confessor must not be concerned at the fact that other 
penitents have to wait a long time and end by going away ; for, 
in this case, he must not look to the welfare of others, but solely 
to that of the penitent with whom he is dealing at the moment. 
It is of his welfare and not that of the rest that he has to render 
account, and, as St. Francis Xavier used to say, it is better to 
hear the confessions of a few penitents well, than those of many 
hastily and without fruit. The confessor must very often dis- 
pose illiterate penitents (poen. rudes) and children ^^^ by moving 
them to sorrow and purpose of amendment, because these latter 
do not sufficiently consider the necessity of these acts, and there- 
fore neglect them. He must also frequently dispose penitents 
who have relapsed into sinful habits without endeavoring to 
amend, as with such people there is ground for the presumption 
that they are not truly disposed. ''How many penitents have 
come to me not disposed, and I have endeavored, with the help 
of divine grace to dispose them, and I have certainly done so, 

250 Cf. Polancus, Divectorium Confessarii, cp. 2. 

251 S. Alph. Praxis conf. cp. 1, nn. 7 et 10. He says, very aptly : Perpauci 
sunt poejiitentes, proesertim rudes et magni peccatores, qui dolore et proposito prius 
elicito ad confessionem accedunt. Hos igitur quoad potest conf essarius disponere 
forliter et suav'iter adlahoret. 



DUTY OF GIVING OB REFUSING ABSOLUTION 407 

and, to my very great comfort, dismissed them with absolution," 
cries out St. Alphonsus.^^^ Justly, therefore, does this sainted 
doctor and zealous guide of souls, blame those " indolent confess- 
ors" who send away a penitent without having shown any zeal 
in preparing him.^^^ 

If the confessor judges that the penitent is well disposed, 
he has no obligation with regard to his dispositions. For the 
rest, he will do well to exhort penitents who are unknown to him 
again to elicit sorrow and purpose of amendment aroused by 
his words, or at least to ask them if they heartily detest their 
sins. If they answer in the affirmative, the confessor can set 
his mind at rest, unless circumstances suggest otherwise.^^* 

52. The Duty of the Confessor to administer, to defer, or to 
refuse Absolution. 

After examining the dispositions of the penitent, and after 
endeavoring to make sure of them, the confessor, as we have 
seen in the last section, will find three classes of penitents : those 
who are certainly disposed, those who are doubtfully disposed, 
those who are not disposed. 

His duty with regard to these different classes will form the 
subject-matter of this section. 

I. Absolution must, in justice, be given to the penitent who 
is certainly disposed, so that the confessor would, generally speak- 
ing, sin gravely and against justice if he should refuse to absolve 
such a penitent. After hearing a case (causa), the judge must 
pronounce sentence on the accused, and in the tribunal of pen- 
ance (the worthiness of the penitent being presupposed) the 
sentence can only be one of acquittal. Accordingly, if the peni- 
tent is worthy of acquittal, in other words, certainly disposed, 

252 H. Ap. Tr. 16, n. 105. 

253Prax. Conf. cp. 1, n. 7; Lib. VI. n. 608. Cf. Ballerini, Op. TheoL 
Mor. 1. c. cp. 1, nn. 313-323. 

254 Cf. Renter, Neo-conf. P. 1, cp. V. n. 11. 



408 THE MINISTER OF THE SACRAMENT 

absolution must be given him. This results also from the char- 
acter of the confessor as representative of God ; but God acquits 
the sinner who does worthy penance, therefore God's represen- 
tative must do likewise. This follows, further, from the aim 
of the institution of the Sacrament. It was instituted for the 
faithful and for their spiritual benefit; now, if the faithful are 
well disposed, they have a right to this Sacrament, and it would 
be injustice to withhold it from them. Finally, the confessor 
binds himself by admitting a penitent to confession, ex qiiasi- 
contractu, to pronounce judgment in accordance with the in- 
junctions of Christ.^^^ Absolution must also be given to a 
certainly disposed penitent when he has accused himself of 
venial sins only. In the latter case, however, it is, ex se, no 
great injustice not always to give absolution, but only the 
blessing, and if there is reasonable ground for this proceeding 
it is no sin at all. 

II. Absolution must always be refused to penitents who are 
certainly not disposed. The confessor would be guilty of sacri- 
lege if he administered absolution to penitents whose indisposi- 
tion was certain, in whatever state of need the penitent might 
be ; for, in this case, the confessor would utter the sacramental 
formula in vain, and such abuse is sinful. What penitents 
are certainly not disposed we have learnt above.^^^ The strict 
duty of the confessor to dispose those penitents, whom he has 
recognized as not disposed has also been treated of (§ 51). Not 
till all his pains and zeal have proved vain may he dismiss them 

255 Cf. S. Alph. Lib. VI. n. 603; H. Ap. ii. 117; Suarez, De Poen. D. 32, 
S. 5, n. 2 ; cf. Lugo, Disp. 14, n. 166 ; Marc, Instit. Alph. P. III. Tr. V. Diss. 
Iff. cp. 3, art. 1, n. 1813; Lehmkuhl, 1. c. n. 428; Bucceroni, Commentar. 
Iir. De Absolut, danda, etc. § 1, n. 2, § 3, n. 13. 

25« See § 50, V. The confessor, therefore, must not absolve a penitent 
who will not fulfill an important duty incumbent upon him, who does not 
heartily repent of his past sins, and has not a firm purpose to sin no more in 
future. Cf. Bucceroni, 1. c § 4, n. 15; Leo XII, Encycl. Charitate Christi, 
Kal. Jan. 1826. 



DUTY OF GIVING OR REFUSING ABSOLUTION 409 

as indisposed ; and even then the confessor must not treat them 
harshly and reject and repel them, but clearly and eloquently 
lay before them their sad state, and the very great danger of 
incurring eternal damnation, and assure them that it would 
always afford him the greatest joy if they should at last do real 
penance, and that he would be ready at all times to receive them 
in the confessional as soon as they should be willing to obey the 
divine precepts.^" 

III. Absolution must, as a rule, be deferred in the case of 
those penitents who are altogether doubtfully disposed (plane 
duhie dispositi). For the confessor must take care that he does 
not presumptuously expose the Sacrament to the danger of 
nullity and commit a great sacrilege. Penitents are to be re- 
garded as doubtfully disposed who, having a duty to fulfill sub 
gravi, such, for example, as removing an immediate occasion of 
sin, laying aside a vicious habit, making restitution, giving up 
an enmity, have promised to do their duty and failed to keep 
the promise. Failure to comply with the obligation does not 
point infallibly to a lack of proper dispositions, but it neces- 
sarily gives rise to well-founded doubts. 

As a rule, absolution must be deferred in the case of such peni- 
tents, but if there is a causa gravis, it may be given to them sub 
conditione, or, according to circumstances, it must be so given to 
them. 

For the Sacraments were instituted for men. When, there- 
fore, more evil than good results from postponement of absolu- 
tion, the welfare of the penitent demands that the Sacrament 
should be administered to him, even with the danger of nullity; 
regard for the Sacrament being preserved by the subjoined 
condition. 

If dying persons are doubtfully disposed, they must be absolved 
sub conditione; on this point there can be no controversy. 

2^"^ Cf. B. Hunibertus, General. Mag. Praedicatoruni, Instructio, et Bar- 
tholomseus Medina ex Ord. Praed. Instruct. Confessar. Lib. I. cp. 3. 



410 THE MINISTER OF THE SACRAMENT 

It is universally admitted and also approved by St. Alphonsus 
that a doubtfully disposed penitent can be absolved, suh con- 
ditioner of course, when he himself, bona 'fide, believes that he is 
sufficiently disposed, and when there is a causa gravis for be- 
lieving that the refusal or postponement of absolution would 
cause him to fall into a worse state ; for example, commit another 
sacrilege, or become totally estranged from the Sacraments. 
In this case the confessor must use every means in prudence, 
and with holy, enlightened zeal, to dispose the penitent fit- 
tingly, and then — mindful of the mercy of Him whose place 
he fills, and who does not break the bruised reed nor quench 
the smoking flax (Is. xlii. 3) — administer the absolution. 

But in other cases where such evils are not to be feared, the 
confessor must defer absolution for doubtfully disposed peni- 
tents till they have shown themselves to be better disposed. 
This applies especially to relapsing sinners and to occasionarii. 
^'Do not refuse absolution to the penitent, but postpone it," 
is the exhortation of Segneri to confessors. ^'He must come 
again within a fixed time. In the meanwhile he may make him- 
self more worthy and then give more trustworthy signs of sor- 
row." Let it not be objected that the penitents would not 
return. ^^If they do not come to you, they will go to others, 
and will be better prepared and absolved with greater profit. 
If they neither come back to you nor go to another, you need not 
be concerned about it, for it is a clear sign that they are quite 
obdurate in sin, that they were not disposed, and had not the 
will to render themselves disposed. And yet, even in such cases 
the deferring of absolution is not without benefit; since a germ 
of holy fear remains in their hearts, which in time will bring forth 
fruits of penance. For, as the learned Aversa assures us, a wise 
postponement is of the greatest profit to the sinner, and experi- 
ence itself proves that this postponement is mostly beneficial." ^^^ 

258 Leonard of P. M., Instructions for Confessors (Regensburg, 1878), 
p. 97, etc. 



DUTY OF GIVING OR REFUSING ABSOLUTION 411 

IV. Even in the case of a well-disposed penitent, absolution 
can, and sometimes must be, deferred, when this appears neces- 
sary to, or profitable for, his improvement. Although the well- 
disposed penitent has a right to absolution, yet the confessor, 
as a physician, must have regard for the cure of the penitent, 
nor has the penitent always a right to immediate absolution. 
The deferring of absolution is a grave duty when postpone- 
ment is a necessary measure; it is not so imperative when it 
serves only as a measure of utility. 

1. Postponement of absolution is necessary: — 

(a) With penitents who have to remove a public scandal. 
This duty must be done before they are admitted to holy com- 
munion, and generally also before absolution, (b) With peni- 
tents who have been, in any respect, public sinners, — till they 
have publicly shown themselves to have amended; except, per- 
haps, when it is advisable to give absolution at once for their 
greater comfort and spiritual profit; yet with postponement of 
holy communion, (c) With penitents who are under some great 
obligation, who have to make considerable restitution, to be 
reconciled to an enemy, or to remove an occasion of sin, and 
of whom it is to be feared that they may not be true to their 
resolution on account of its great difficulties, {d) With a peni- 
tent who has not confessed for a long time, has often fallen back 
into the old sins, and has not so far employed any diligence in 
the examination of his conscience; for, in this case, he runs 
great risk (as, by his own fault, the declaration of his sins is 
incomplete) of being invalidly absolved. But if such a penitent 
does not know how to examine his conscience better, the con- 
fessor must aid him, and absolve him if he considers him other- 
wise capable and worthy of it. 

For the cases cited Lehmkuhl and Renter give this good rule : 
If it is more difficult for the penitent to come to the confessor 
again than to fulfill his heavy obligation, let him be at once 
absolved, unless he has already promised to fulfill his obligation 



412 THE MINISTER OF THE SACRAMENT 

and has not kept his promise ; but if it is more difficult for him to 
fulfill the obhgation than to come again, let the absolution be 
deferred. Here, however, the confessor must have regard for 
the relative or subjective difficulty which his penitent finds in 
removing the occasion of sin, on account of rooted habit, or the 
strength of a violent passion. That he may overcome this, the 
penitent must be stimulated by postponement of absolution; 
otherwise he will easily forget his purpose and his promise.^^® 
2. Postponement of absolution, even when it is not necessary, 
may sometimes be profitable to the penitent. Between the 
certa and the plane duhia dispositio there are degrees, and the 
case may thus occur that the disposition of the penitent is not so 
certain that absolution must be given at once ; on the other hand, 
it may not be so doubtful that absolution ought to be refused 
or postponed. ^^^ This applies to penitents to whom, in view of 
their dispositions and other circumstances, absolution, strictly 
speaking, may be given, but to whom postponement is useful 
in helping them to recognize more clearly the enormity of sin 
and the necessity of improvement. Thus they are more effec- 
tually strengthened against relapse, their sorrow for sin becomes 
deeper, their purpose of amendment firmer. Here the confessor, 
as physician before God, must consider whether it is more profit- 
able for the penitent to give him absolution or to defer it. In 
determining this, he must consider the character, of the penitent, 
and the circumstances of time and place in which we live. 
''When faith has become cold, and the penitent can scarcely 
be moved to make a confession, it is dangerous to defer absolu- 
tion ; this itself, indeed, may be a ground for giving absolution 

259 Lehmkuhl, 1. c. n. 430. Cf. Renter, Neo-Conf. n. 34. 

260 Upon the origin of this practice, of which no trace is found in the 
works of the older theologians, Ballerini enlarges in his notes on Gury, IT. 
n. 621. He does not discover it in the practice and teaching of the Jansen- 
ists, but rather in the endeavor of the younger theologians to find means by 
which the faithful may be better assisted in laying aside a bad habit, roused 
from indolence and negligence, and moved to holy zeal. 



POSTPONEMENT OF ABSOLUTION 413 

to a doubtfully disposed penitent. Thus it is that the confessor 
in our times must be more inclined to give absolution than in 
former times when faith was lively.'' ^'^^ The confessor must 
not postpone absolution when postponement is hurtful to the 
penitent, and this is the case when holy communion cannot be 
omitted without exciting remark ; or when an indulgence can be 
gained at that time ; when the danger is foreseen that the peni- 
tent would be obhged to confess the same sins to another con- 
fessor, which would be an unfair burden ; or when the penitent, 
by this proceeding, would be exposed to the risk of dying without 
absolution; or if he could not come again for a long time. 

But absolution should be deferred only for a short time — 
three, five, or eight days. For a sufficiently disposed penitent 
the postponement should never be long, especially when it is un- 
certain whether he has perfect contrition, or whether he would 
gain real profit from it.^^^ St. Alphonsus is of this opinion also 
in the case when relapse is interior, for instance, a bad habit. 
But if it be exterior, for example, an immediate occasion of sin, 
whether voluntary, or necessary, absolution is always to be 
deferred till the immediate voluntary occasion has been re- 
moved or the necessary occasion become remote. For the 
exterior cause has greater influence on the will than the evil 
habit or interior weakness. ^^^ Moreover, the interior cause is 

261 Lehmkuhl, 1. c. n. 431. Cf. Marc, 1. c. n. 1816; Aertnys, 1. c. n. 280. 
The benefit which the confessor expects from the postponement of absolu- 
tion, must, however, always be greater than that which the disposed penitent 
receives from actual reception of the holy Sacrament. 

262 Cf. Bucceroni, 1. c. n. 10, ad brevissimum tenipus. Nam per se loqnemJo 
magis prodest absolutio statim data quam ejus dilatio. "For," so he continues, 
" it is burdensome to remain in a state of mortal sin even one or two days : 
(1) on account of the danger of death, against which we are never safe, etc., 
and (2) on account of the priceless blessings of which we are deprived, — 
grace and merit. Moreover, the penitent is better prepared by absolution 
for again receiving the Sacrament, than by postponement of absolution, etc." 
Gury (11. n. 622) remarks that, where it can be easily done, absolution may 
be deferred for one day or for a few hours. 

263 S. Alph. Lib. VI. nn. 463 and 464. 



414 THE MINISTER OF THE SACRAMENT 

not so easily removed, simply because it is interior, and clings 
to a man.-^^ Hence St. Alphonsus also gives this advice: ^'One 
should not, I think, deviate from the usual view, according to 
which absolution is not to be deferred in the case of a penitent 
who relapses from interior weakness, because for him more profit 
is to be hoped from the sacramental grace than from postpone- 
ment of absolution." 

Finally the postponement must not he very irksome to the 
penitent. For, on the one hand, the penitent, as sufficiently 
disposed, has a right to absolution, and, on the other, the post- 
ponement, if very displeasing to him, would, iper se loqitendo, 
not help him, or certainly not help him more than the absolution 
given to him at once. If, therefore, the penitent has a desire 
to receive absolution, he will be offended by the postponement. 
This desire manifests a very good will, which, when supported by 
the grace of the Sacrament, allows better things to be hoped 
for than would be the case if he were deprived of the sacra- 
mental grace. But that, absolute, absolution may be deferred 
in the case of a sufficiently disposed penitent, even without his 
consent, is demonstrated by the unanimous teaching of theo- 
logians ^'^^ as also by the recommendations and practice of the 
saints.^^*^ 

Moreover, the frequent awakening of love and sorrow is to 
be earnestly recommended to the penitent if- absolution has 
been deferred, that he may thus be strengthened against temp- 
tation, and later, when better prepared, acquire more abundant 
graces. A penance is also to be imposed upon the penitent, 
and he must be reminded that it is not necessary for him to 
confess again the sins already confessed when he comes back to 
the same confessor. The latter can absolve, though not remem- 

•^64 Cf. Salmant. Tract. 26, cp. 2, p. 2, § 1, n. 37. 

265 Cf. Bucceroui, ]. c. § 2, n, 8; Suarez, Lugo, Sanchez, Filliucius, Palaus, 
ToletuR, Giiry, H. ii. 621. 

•^66 Cf. Epistol. S. Fraiicisci Xavev. Lib. IV. Epist. IV. 



POSTPOXEMEXT OF ABSOLUTION 415 

bering the sins, if he has imposed a suitable penance previously 
and adds a new one.^^^ 

In conclusion, we may remark that the postponement of abso- 
lution depends entirely upon the judgment of the confessor, 
that neither general nor special rules can be laid dowm concern- 
ing it. Everything should be left to the discretion of the con- 
fessor, who is to be guided neither by the suggestions of his own 
private judgment nor by the example of others, but only by the 
unction of the Holy Ghost, imparted to the priest by study and 
prayer.^^^ 

Concerning postponement of absolution, Segneri remarks: 
''This remedy, when employed at the right time, produces 
great effects; like a burning coal it rouses the soul from that 
lethargy which threatened to become the sleep of death. 
Shamed and startled, the penitent recognizes the greatness of 
his misfortune, is placed upon his guard, and reflects upon his 
condition; if it finds him repentant, it increases his repentance 
in an indescribable manner, so that his sorrow, which before 
was transient and weak, and might easily have yielded to the 
simple allurements of some present object, now becomes strong 
and powerful and is able to withstand violent assault. And 
so this wholesome remedy is generally prescribed by the masters 
of asceticism,-^^ and employed by circumspect confessors with 
much benefit, especially in those cases in which other remedies 
have proved ineffectual."^^" 

267 Cf. Renter, Neo-Confess. P. 1, cp. 8, n. 34. 

268 S. Leonard a P. M., Discorso mistico e morale, § 11. 

269 Cf. Lugo, L c. Disp. IV. Sect. 10, n. 166 ; Suarez, L c. Disp. 32, Sect. 5, 
n. 2, who adds: quod prudenti judicio confessoris relinquendum est, qui hoc sine 
gravi causa et magna consideratione facere non debet ; S. Alph. Lib. VI. n. 642. 

2'o Segneri, L c. cp. IV (in fine). 



CHAPTER II 

THE ACCESSORY DUTIES OF THE CONFESSOR 

The essential office of the confessor is the judicial office. It 
is of the highest significance. Connected with it are other 
supplementary duties of equal importance. They refer to the 
preparation of the confessor for his responsible office, the exer- 
cise of the office itself, and his conduct after its completion. 

Article I 

THE preparation 

53. The Virtues which the Confessor must possess. 

1. As in the administration of other Sacraments, the confessor 
must first of all be in a state of grace. If he hears confessions 
in a state of mortal sin, he commits as many sacrileges as he 
administers absolutions."^^ And what a dishonor to God, what a 
calamity for the priest is one single sacrilege ! St. Alphonsus 
admonishes confessors, who have been so unhappy as to commit 
a grave sin, to cleanse their own consciences by confession before 
administering the Sacrament, or, if they cannot confess, but 
must hear confessions, to elicit perfect contrition. "Whoever 
absolves in mortal sin dishonors the holy Sacrament intrusted 
to him by God, and while he delivers others from the chains of 
sin, reconciles them to God, and opens the gates of heaven to 
them, his own soul becomes more and more entangled in sin, 
displeasing to God and exposed to perdition, and will he be able 

271 Cf. S. Alph. De Sacrament, n. 36. 
416 



VIRTUES WHICH THE CONFESSOR MUST POSSESS 417 

to discharge his holy office in a proper manner? Will he who 
is himself given to sin effectively destroy the kingdom of sin 
by his admonition, instruction, and exhortation? The right 
administration of the Sacrament of Penance demands of the 
priest a deep hatred and personal abhorrence of sin. 

2. The minister of the Sacrament of Penance must, there- 
fore, he confirmed in virtue. He who will lead others to virtue 
(and that is surely also a duty of the confessor) must first be 
virtuous himself. Qui sihi nequxxm est, cui alii bonus erit, ex- 
claims the wise man in the Old Testament (EccU. xiv. 5). Noth- 
ing exercises such great power over the minds of the people as 
the good example of a priest, and only then do they believe 
firmly when they see him practice what he teaches. ''That 
voice penetrates deeper into the heart w^hich the Hfe of the 
speaker confirms," says Gregory the Great (Reg. Past.). St. 
Antoninus recalls the words of St. Augustine: ''The priest to 
whom every malady is to be exposed must not fail in any one 
of the points which he is to judge in others; else he condemns 
himself while sitting in judgment over others. AVhen the adul- 
terous w^oman was taken before the Lord, He said to the Phari- 
sees, 'Let him amongst you who is without sin cast the first 
stone upon her.' But as none seemed free from sin, they all 
withdrew, and did not care to condemn the woman." "There- 
fore," adds St. Augustine, "priests are more culpable than the 
Pharisees if they, though guilty themselves, dare to condemn 
others.""^ It is an irrefutable maxim of the AngeHc Doctor 
that, in the administration of this divine Sacrament, the Con- 
fessor cooperates in a personal way with God. It is not suffi- 
cient for him to live in a state of grace in order to be a useful 
servant in the work of saving sinners; he must be sohcitous 
about the practice of all the virtues, for a lukewarm confessor, 
without interest in his work, who does not exercise himself in 

272 Cf. S. Leonard a Port-Alaur., Insti'uction, etc., pp. 15-16. 



418 THE MI^^USTER OF THE SACRAMENT 

prayer and mortification, can only discharge this divine office 
carelessly. His words will not be inflamed by love, nor his 
warnings animated by zeal, nor his counsels beget confidence. ^^^ 
3. Amongst the virtues which the confessor must possess, 
charity occupies the first place. As St. Alphonsus says em- 
phatically, the confessor must have a heart full of love, in order to 
discharge his office properly. This love of the confessor, as Louis 
de Ponte says, must have all the dimensions which the Apostle 
in his letter to the Ephesians demands ; the love of the confessor 
must be so broad that he embraces in his heart all the sinners 
of the whole world, excluding no one that will do penance, 
and, Hke the father in the Gospel, hastening with open arms to 
meet and receive every prodigal son who returns home ; so long- 
suffering that he does not grow weary if he has to wait a long time 
for the sinner, and has often (seventy times seven) to deplore 
his relapse if only he will return repentant; so highly spiritual 
that he readily incites sinners to a greater perfection ; so humble 
that he stoops to the most abandoned criminal to lend him a 
helping hand, however low he may have fallen by repeated 
indulgence in the most shameful sins. '^Remember," writes 
St. Francis of Sales, ^Hhat penitents address you all as ^father.' 
You must, therefore, have a fatherly heart for them; receive 
them with love, listen to them with patience ; do not grow tired 
of their unmannerly behavior, their ignorance, their fickleness; 
do not cease helping them, that you may at any cost save their 
souls. Defiled though they be, they are not on that account less 
precious; like pearls, they lose nothing by the dirt into which 
they have fallen. Only try to cleanse them in the Precious 
Blood of the innocent Lamb, and unite them to God, that they 
may become heirs of eternal glory, and may one day eclipse 
the stars by their splendor.""* And St. Alphonsus teaches: 
''When an unhappy sinner comes, good confessors receive him 

2"^'^ Instructions for Confessors, n. 3, p. 2'4 ff. 
2''^ Monita ad Confessarios, cp. 1, art. 1. 



VIRTUES WHICH THE CONFESSOR MUST POSSESS 419 

with cordial love, and rejoice like a conqueror who has made 
booty, reflecting that it has been given to them to snatch a soul 
from the hands of Satan. They know that this Sacrament was 
really instituted not for the just, but for sinners . . . that 
Jesus Christ said: 'I am not come to call the just^ but sinners' 
(Mark ii. 17). Therefore are they filled mth love, and the 
deeper they see the soul sunk in the filth of sin, the greater love 
do they show in order to win it for God." "^ The good confessor 
exercises in liis office all the works of mercy by which charity 
manifests itself, as Louis de Ponte so beautifully says: ^'Hear- 
ing confessions and absolving penitents is a truly heroic act, 
and unspeakably well pleasing to the divine Majesty; because 
in a special manner he exercises here the corporal and spiritual 
works of mercy. He teaches the ignorant, guides the erring, 
repairs injuries, comforts the sorrowful and the downcast, im- 
parts salutary counsel to the doubting, makes effectual inter- 
cession with God for those whose salvation is endangered. He 
breaks the cruel chains of the captive and Hberates him from 
shameful slavery, clothes the clean with the garment of grace, 
offers to the needy and to the weary spiritual food and drink. 
Therefore I am convinced that God shows mercy to the good 
and zealous confessor : since ' Blessed are the merciful, for they 
shall obtain mercy.' " "^ Therefore, the office of the confessor is 
very meritorious. But in order that he may gain from it un- 
diminished merit, let him administer it out of love, pure love for 
God and for souls. And that he may always do so Lehmkuhl 
recommends him frequently to consider: (1) who He is whose 
office he discharges ; (2) who he is who discharges it ; and (3) who 
he is for whom he discharges it. For the priest represents in 
this holy tribunal the person of Christ as Redeemer, who gave 
Himself as ransom for souls, who had this individual soul be- 
fore His eyes when He suffered, when He instituted the Sacra- 

2-5 Praxis Conf. n. 8. 

^^ Sensa pretiosa, P. 6, n. 17, sqq. 



420 THE MINISTER OF THE SACBAMENT 

ment of Penance, who as God from all eternity, as Man, from the 
first moment of His incarnation, chose this hour of His special 
love, in which, by the influence of grace, the sinner would be 
brought to the feet of the priest, by whose help and endeavor 
he might be sanctified and saved. But the confessor who dis- 
charges this divine office and cooperates with Christ in the divine 
work of the salvation of sinners, must recognize that it is without 
any merit on his part that he has been raised to such an exalted 
dignity. The confessor has, perhaps, himself grievously failed 
and in no way can he better atone for his faults than by zeal in 
blotting out and preventing the sins of others ; and if he should 
have no sins of his own to expiate, he should not forget that he 
owes this singular favor to Christ and His grace. 

The confessor must see in the penitent a brother of Christ, 
sprinkled with the Blood of Christ, who now, to the shame of 
Christ, has fallen into the most wretched captivity and slavery 
of the devil; who, nevertheless, is dearly loved by God and 
Christ, and is called to eternal and blissful union with Him; 
who will, perhaps, one day be a great saint in heaven, and, if 
he dies before the confessor, will there be an intercessor for him ; 
or will certainly, out of gratitude, pray for him here on earth."^ 
The confessor should often read what St. Alphonsus writes 
in his Homo apostolicus about the love of the confessor : ^^® " This 
love must be chiefly exercised in receiving all, especially the poor, 
the ignorant, and sinners in a friendly manner. ... A still 
greater love must the confessor exercise in hearing the confes- 
sion itself. . . . And at the end of the confession the confessor 
should, with much zeal, show to the sinner the heinousness of 
his sins. This is the way by which 3^ou may gain sinners if 
you employ the very greatest love in dealing with them." This 
love of the confessor produces in him that zeal for souls which 
should especially animate him. When the confessor discharges 



27"^ Lehmkuhl, 1. c. n. 432 
278 Tract. 21, iin. 1, 2, 3. 



VIRTUES WHICH THE CONFESSOR MUST POSSESS 421 

his office with zeal, souls (as experience shows) are not less 
effectually led to God than by preaching. ^'Be certain," ex- 
claims St. Leonard of Port Maurice, '^that in a single morning 
which you have dedicated to God in the confessional for the 
purpose of helping poor sinners, you acquire more merit than if 
you were to perform other good and holy works for a whole 
year. Indeed, I venture to say that it is sometimes better to 
interrupt meditation, reading, the Breviary, or any other pious 
exercise in order to hear confessions. . . . We should be con- 
tent to sacrifice for a time even the contemplation of God in 
order to comfort poor sinners. St. Ignatius declared that he 
would very gladly submit to a postponement of the bliss of 
heaven in order to be able to work for the salvation of a poor soul. 
Does not that passage in the Gospel terrify you where the ser- 
vant is damned because he had not used the talent which he 
had received? And you, who have received from the Lord not 
one, but three and four, and perhaps ten talents, you will let 
them lie unused !"^^^ 

The most beautiful, the most efficacious pattern of true, wise, 
indefatigable zeal for souls is He whose place the confessor 
occupies, who in His boundless love shunned no trouble, effort, 
persecution, or suffering, in seeking sinners, teaching them, 
moving them to sorrow and penance, and pardoning them, 
and who for them gave up His life in shame and agony. 

Under the influence of this love, the confessor will also avoid 
certain mistakes which are very injurious to his ministry, and 
by no means becoming in a representative of Christ. 

(a) He will not prefer the rich and the high-placed to the poor 
and the unfortunate, but, after the example of our Saviour, will 
embrace the poor and the unfortunate with special love.^^^ 

(b) He will not, in this love for penitents, be influenced by any 
natural inclination, still less by any sinful affection; hence he 

279 Instruction, pp. 121-123. 

280 Praxis Conf. n. 3. 



422 THE MINISTER OF THE SACRAMEiM' 

will not regard himself as fortunate if his confessional is besieged 
by a great number devotarum mulierum, nor will he detain them 
in the confessional longer than is necessary, nor treat them with 
too great familiarity, but rather with a paternal severity, so 
that, in this holy service, he may not incur temptation and ruin. 

(c) He will not allow himself to be influenced by the rank of 
the penitent, but rather remind high and low^, rich and poor, of 
their duties and obligations, and thus be all to all.^®^ 

{d) He will employ special diligence with those who are stained 
with many sins, who have long lived in evil habit, and have often 
relapsed, that they may be lifted out of the slough of sin, and 
led to God and a new life. He will ponder the celebrated words 
of St. John Chrysostom: ^'When you see one whose soul needs 
cure, do not say to yourself: why did not this one or that one 
cure him ? Cure him of his illness, and ask not why others have 
been negligent. If you see gold lying on the ground, do you say 
to yourself : why did not this one or that one pick it up ? Do 
you not hasten to pick it up before others ? Even so, think 
of your fallen brothers, that you have found a treasure in 
them."2«^ 

(e) In hearing confessions he will increase his love and show 
it by kindness and gentleness; he will manifest no sign of im- 
patience or wonder, even when the penitent confesses very 
great sins, or shows a hardened unrepentant heart, or is un- 
couth and tires the confessor by wrong answers ahd confused 
statements. 

(/) And if the penitent is poorly prepared and badly disposed, 
the confessor must use every endeavor, especially at the end of 
the confession, to render him perfectly disposed by instructing 
him, admonishing him, and (as the penitent's condition may 
suggest) by blaming or reproving, by recalling the thought of 

281 Cf. Lugo in Benedict. XIV, Const. " Apostolica," 26 June, 1749, n. 20; 
S. Alph. Homo Ap. Tr. 21, n. 4. 

282 Orat. 8, advers. Judseos in Migne Ser. graeca, T. 48, col. 932. 



VIRTUES WHICH THE CONFESSOR MUST POSSESS 423 

God's justice, yet so as rather to inspire confidence and to open 
the door of love and mercy. ^^^ 

(g) Nor let the priest be sad, despondent, and dejected if he 
perceives no progress, or only a little, and very slow progress in 
those on whom he has expended so much trouble. Zeal for 
souls will guard him against this dangerous rock.^^^ 

4. The confessor must, moreover, be eminently pure. He 
hears so many sins of impurity; the saddest lapses from virtue 
are disclosed to him; he must put questions in order to draw 
out and complete the confession of these sins; some penitents 
express themselves very awkwardly, and, alas ! by most lament- 
able abuse of the holy Sacrament, snares are laid to the chastity 
of the confessor. In order to escape these dangers and that he 
may not be defiled while cleansing and healing others, the con- 
fessor must have a great love for holy purity, and be confirmed 
in this virtue so as to suppress resolutely and at once all rising 
temptations and sensual emotions. Let him arm himself with 
a pure and holy intention, seeking only the honor of God and the 
salvation of souls; let him avoid all familiarity with female 
penitents, ever having as witnesses of his words and actions 
God and his own and his penitent's guardian angels; finally, 
let him shield himself by frequent prayer, especially to Mary, 
the purest of Virgins. 

5. Lastly, the confessor must be equipped with inexhaustible 
patience. Intrusive, scrupulous, melancholy, distrustful, rough, 
obstinate penitents, will easily rouse to impatience and anger 
a confessor who is vehement and excitable. Great patience is, 
therefore, necessary that, while correcting the faults of others 
and giving peace to souls, he may not fall into faults himself, 
become perplexed in heart, and lose his peace of mind. He who 
will take away the sins of the world must be as meek as a lamb. 

283 S. Alph. Praxis, n. 77. Cf. Lehmkuhl, 1. c. n. 434; Aertnys, Instruct, 
praot. P. I. cp. IV. nn. 18-25. 

284 Cf. S. Bernard. De Considerat. IV ; S. Bonavent. De sex alis, cp. 5. 



424 THE MINISTER OF THE SACRAMENT 

54. The Scientific Equipment of the Confessor. 

St. Alphonsus teaches ^^^ that the confessor who hears confes- 
sions without sufficient know^ledge is in danger of eternal repro- 
bation. And justly does the sainted teacher express himself 
so seriously. If the Lord demanded from the priests of the Old 
Testament that their lips should keep knowledge, and that the 
law should be sought at their mouths (Malach. ii. 17), and if He 
threatens the priest of the Old Testament by the mouth of the 
prophet: (Os. iv. 6) ''Because thou hast rejected knowledge, 
I will reject thee, that thou shalt not do the office of priesthood 
to me," this applies in a much higher degree to the priest of 
the New Law, who, as representative of God, discharges the 
office of judge of souls, and holds in his power their eternal 
welfare or their eternal ruin. An ignorant priest, one not 
equipped with the knowledge necessary for so responsible and 
important a Sacrament, exposes himself to the danger of per- 
nicious error, the Sacrament to the danger of dishonor, and the 
penitent to the danger of damnation. An ignorant confessor 
works much ruin. 

How great the knowledge of the confessor must be is shown 
by the consideration that he discharges the office of teacher, 
physician, and judge, to people in the most diverse positions 
and circuriistances of life and the most unequal conditions of 
soul and mind. He is appointed for them all; they all, without 
exception, come to him, and he must instruct them upon the 
most important matters ; he must know all diseases and wounds, 
must examine and cure them ; upon all sins he must pronounce 
judgment, a just judgment, and one as much as possible in accord- 
ance with the judgment of God ! Truly, if any one who under- 
takes an office ought to be provided with the knowledge 
requisite for its fitting discharge, it is the priest, for upon the fit- 

285 Praxis Confess, n. 18. Cf. Rituale Rom. Tit. III. cp. 1, De Sacram. 
Poenit. 



SCIENTIFIC EQUIPMENT OF THE CONFESSOR 425 

ting discharge of his office depends, not some temporary good or 
evil, but eternal salvation — his own and that of his penitent ! 
St. Teresa was moved to the following utterance in her biog- 
raphy (chap. 5) : " Half-instructed confessors have done my soul 
great harm; for I could not always have such learned ones as 
I would have desired. They certainly did not wish to deceive 
me, but the fact was that they knew no better. Of something 
which was a venial sin, they said it was no sin, and out of a very 
grave mortal sin they made a venial sin. This has done me 
such harm, that my speaking here of so great an evil, as a warn- 
ing to others, will be readily understood." The following prin- 
ciples are to be laid down respecting the scientific outfit of the 
confessor : — 

I. The confessor is bound sub gravi, to possess all the knowl- 
edge which is necessary to discharge his office without com- 
mitting serious errors. 

(1) Generally speaking, the confessor must, therefore, know 
his moral theology thoroughly. He must know particularly 
what he has to do in order to administer the Sacrament rightly ; 
he must know upon what subject he has to instruct the peni- 
tents, what he may permit, and what he must forbid ; he must 
especially understand how to dispose penitents who are not 
disposed ; how, and through what motives, acts of faith, of hope, 
of love, and contrition (both attritio and contritio) are to be 
awakened; for he must very often rouse the penitents to such 
acts, and even in many cases recite them for his penitents. 

(2) Moreover, he must know accurately which of the sins that 
usually occur are mortal, and which venial, at least ex genere 
suo; "he must understand how to distinguish them secundum 
principia communia, though not in causis difficillimis/^ or, as 
Lugo says : " This knowledge need not be of such a kind that 
in all cases he is able to distinguish between mortal or venial sins, 
but only in those of frequent occurrence; as for the rest, let 
him hear and understand, and then absolve with the necessary 



426 THE MINISTER OF THE SACRAMENT 

intention." ^^^ He must know : (3) the species and circumstantice^ 
and how the number is expressed ; (4) what is usually necessary 
for the validity of documents, for valid contracts, for a valid 
marriage, and what circumstances invalidate contracts and 
marriages, etc. ; (5) when restitution in matters of property and 
of honor must take place; the duties of individuals according to 
their different stations, occupations, and obligations; (6) what 
powers belong to him, what limits there are to these powers, 
the casus reservati, and ecclesiastical censures; (7) how the dis- 
position of the penitent may be recognized, what means of 
amendment he should and must prescribe, what penance he can 
or must impose.^" 

II. The confessor, however, is not obliged to possess a scientia 
eminens (or exquisita) so as to be able to pronounce the right 
decision at once in every question w^hich occurs. What the 
theologians call a scientia mediocris suffices; that is, he must 
know, but know thoroughly and well, cases of more usual occur- 
rence, and in more difficult things saltern prudenter dubitare; 
that is, he must know, in a given case, that a difficulty exists and 
what the difficulty is, and that he should obtain information 
before he decides. He must also be acquainted with good books 
which he may consult, and, finally, he must, when necessary, 
seek guidance from w^ell-informed men. What Lacroix writes 
(1. c.) upon this point is worthy of attention: "^However well 
informed a confessor may seem to be, it is not well to solve 
intricate questions at once, especially in cases of obstacles to 
marriage, simony, or restitution; in such cases you must rather 
tell the penitent that you do not dare to decide the matter at 
once, in view of its difficulty, and request him to wait a little 
while. By doing so, the confessor will not lose the esteem of 
the penitent ; on the contrary, the latter will understand that he 

286 De Poenit. Disp. 21, n. 70. 

287 Cf. Lacroix, Lib. VL P. IT. n. 1789; S. Alph. Lib. VL n. 627; Marc, 
]. c. n. 1787; Aertnys, L c. ii. 266; Lehmkuhl, L c. ii. 439. 



SCIENTIFIC EQUIPMENT OF THE CONFESSOR 427 

takes the matter conscientiously and seriously, and will place all 
the more confidence in the confessor's decision, whereas scruples 
frequently remain when a decision is given quickly and without 
specifying the grounds for it. In this way errors will be avoided. 
This exhortation applies especially to confessors who are not 
very well instructed, but who absolve and give dispensations in 
all possible directions, the more confidently the less their igno- 
rance permits them to entertain a doubt." And to this the 
learned author adds the following remark: '^Moreover, a viedi- 
ocris, but solida doctrina, is more useful than a summa et exquisita 
cognitio when the latter is not united to prudence and discretion. 
For those who have no sober judgment treat everything with 
such theological subtlety that they often involve themselves 
and others in scruples and other difficulties; it is, therefore, 
better to adapt one's self in such questions to the usage of the 
Church and of prudent confessors." 

The confessor must obtain this knowledge and conserve it 
(a) by serious study of moral theology. Continuous study is 
necessary ; for as moral theology embraces such various matters, 
they would in time be forgotten unless recalled to memory by 
repeated study. ^^^ The Roman Ritual admonishes confessors to 
acquire the greatest possible knowledge and wisdom, by zealous 
prayer to God, as well as by the study of approved authors 
and the prudent counsel of experienced men.^^^ And Benedict 
XIV says in his Constitution '' Apostolica" (26 June, 1749), 
n. 21: ''It were, indeed, to be desired that every confessor 
should possess that degree of knowledge which is called eminens, 
but as this is the gift of a few only, it is absolutely necessary 
that each one should be furnished with at least competent knowl- 
edge." St. Alphonsus gives the reason for this when he says : ^^^ 
''We know well that the sacramental confessions will not produce 

288 Cf . S. Alph. Praxis Conf. n. 18. 

289 Rituale Roman. Tit. III. cp. 1, n. 3. 

290 p,-axis Confess, n. 18. 



428 THE MINISTER OF THE SACRAMENT 

the fruit which we expect and desire, if they are not heard by 
blameless, learned priests, and priests well instructed in the 
salutary doctrines of the Church." 

(6) The confessor would err if, as confessor, he should wish 
to dispense with the study of dogmatic theology. For the con- 
fessional is the place in which he who is wavering in faith must 
be instructed and confirmed; it is precisely in the guidance 
of souls that the Christian moral law is shown to be the outcome 
of the doctrine of faith; the dogmas of the Church supply the 
strongest motives for amendment and a holy life; it is in the 
minds that have grasped with full and enthusiastic hold the 
Church's doctrines in whom we find that masterly authority 
and certainty to which the soul gladly submits; and, without 
this, a ministry is exposed to thousands and thousands of errors 
in the decision of questions of conscience. ^^ Give me a soul 
thoroughly firm in faith, and in that faith the soul finds, as if 
spontaneously, its rule of life : Justus ex fide vivit. A priest 
imbued with his Church's teaching is as a bright star leading 
others on the right road." ^^^ ' 

(c) In addition to dogma and moral the confessor needs a 
third science — and this we may call the science of the saints, 
the doctrine of Christian virtues or perfection. It is not foreign 
to moral theology ; it properly belongs to it as a part to the 
whole. At the Synod of Westminster, in the year 1873, Bishop 
Ullathorne of Birmingham spoke of this science as follows: 
^^ Moral theology has two branches: the first is occupied with 
the right judgment of sins; the second aims at the practice of 
virtue. As a science, the former is much more developed than 
the latter; the former enables the priest to become a judge; 
it deals with the Commandments of God, the duties of individual 
classes; it draws the boundary line between what is sin and 
what is not sin, what is of obligation and what is not of obliga- 

291 Renninger-Gopfert, Pastoraltlieologie, I. JBuch, I. Tl. § 82, S. 225 f. 



SCIENTIFIC EQUIPMENT OF THE CONFESSOR 429 

tion. This is moral theology; if its rules are applied to indi- 
vidual cases, we have casuistry. The second science is called 
the science of the saints, asceticism, and it makes the priest a 
guide of souls on the road to perfection. While the first is more 
cultivated in the schools, the latter is left more to the individual's 
zeal and devotion. Yet the science of perfection is necessary; 
for that which is known in scientific form makes a deeper im- 
pression. There is great danger in cultivating the former with- 
out the latter. If, in the discharge of his office as judge, a man 
does not cast his eyes upward, he judges of sin and duty accord- 
ing to the standards of lawfulness and not according to the 
light of perfection which must guide us." 

III. An extensive knowledge is not necessary to all confessors ; 
the necessary knowledge must rather be relative; that is, adapted 
to the conditiqn of the penitents who come to confess. He, 
therefore, who hears confessions at a place to which penitents 
of various stations, professions, and circumstances, with various 
degrees of education resort, must possess much greater, more 
comprehensive, knowledge, than another priest who only hears 
the confessions of illiterate, simple people. Although a priest 
who is conscious of his ignorance, or of his defective knowledge 
of moral theology, and yet hears confessions, is, as St. Alphonsus 
says, in statu damnationis, there may be cases in which an igno- 
rant confessor can and must hear confessions, namely, in cases 
of extreme necessity, and when no other priest is present, thus : — 

(a) In the hour of death, when a better-informed confessor is 
wanting; (b) in any similar case of necessity, for instance, 
when Christians are the captives of infidels and can only obtain 
an ignorant, unlearned confessor — this situation being rightly 
regarded as '' necessitas moraliter extrema.'^ ^^^ ^' On these grounds 
Superiors may frequently be excused who appoint priests not 
well instructed to httle parishes in the country; this they 



430 THE MINISTER OF THE SACRAMENT 

generally do because they have none better instructed to send 
to these parishes. As provision cannot be otherwise made for 
such places, it is better that they should have a confessor who 
is not well instructed than none at all. The bishop, however, 
must remind such a priest of his lack of knowledge, and admonish 
him to acquire, as his duty strictly requires him to do, better 
knowledge, in order that he may well discharge his office as con- 
fessor. This duty is always incumbent on the parish priest, even 
when, in view of the necessitous state of a flock, a bishop may 
be forced to intrust a parish to a priest who is not suflftciently 
instructed. The same applies to other priests in charge of 
souls." ^^^ Nevertheless, it must be the most serious concern of 
every bishop to procure well-trained and educated priests. 

IV. If a priest is in doubt as to whether he possesses the requi- 
site knowledge for discharging the office of confessor, he can 
rest content with the judgment of his Superior, if the latter 
is sufficiently informed of his education and capacity by means 
of the examination for approbation, or some other theological 
test, or in consequence of long intercourse with him, or has 
been informed concerning it by some other prudent man. Of 
itself, the approbation which he has received cannot satisfy a priest, 
nor excuse the confessor who is conscious of his defective knowledge; 
for the approbation presupposes the necessary knowledge but 
does not impart it. St. Alphonsus teaches — in agreement with 
all authors.: ^'A confessor who is not conscious of being quite 
incapable of hearing confessions, is justified in contenting him- 
self with the judgment of his Superior, and, indeed, must be 
so ; to rely upon the approbation of the bishop, and then believe 
that one is freed from study, is presumption." ^^^ Moreover, the 
Church has never tired of admonishing confessors in the strongest 
terms, of their strict duty to acquire and maintain the knowl- 
edge requisite for the administration of the Sacrament of Pen- 

293 Lugo, 1. c. 294 Praxis Conf. n. 18. 



SCIENTIFIC EQUIPMENT OF THE CONFESSOR 431 

ance ; for an ignorant confessor causes terrible ruin and burdens 
himself with a dreadful responsibility. 

V. The knowledge of the confessor must be practical in order 
to further the salvation of souls and solve the casus conscientice 
which occur. On this point St. Alphonsus expresses himself 
in the following manner : ^^Many who pride themselves on being 
instructed and distinguished theologians disdain to read the 
moralists ; they call them casuists, an opprobrious name in their 
estimation. They say that, in order to hear confessions prop- 
erly, it is sufficient to know the general moral principles by which 
all individual cases can be solved. Who denies that all cases 
must be solved by principles? The difficulty lies in applying 
the principles to individual cases complicated with so many cir- 
cumstances. This cannot be done without carefully weighing 
the grounds on both sides. Here the moralists step in to solve 
the difficulty ; they seek to explain by what principles the many 
particular cases must be solved. Moreover, there are in our days 
so many positive laws. Bulls, and decrees, Avith which we can only 
become acquainted through the study of the casuists who have 
collected and classified them, as the different subjects require. 
The more recent the moralists are, therefore, the more useful 
are they in comparison with the earlier ones (in this respect, of 
course). The author of the work Instritctio pro novis Confessa- 
riis (p. 1, n. 18) rightly says that with regard to many theologians 
the more deeply versed they are in the speculative science, the 
more ignorant they are of moral, which, as Gerson writes, is the 
most difficult of all; and however familiar any one may be with 
it, he will always be obliged to add to his information. The 
learned Sperelli^^^ likewise says, that those confessors who wholly 
give themselves up to the study of scholastic theology, in the 
belief that time devoted to the study of moral is wasted, are in 
great error, for they can no longer distinguish sin from sin ; and 

295 De Episc. p. 3, c. 4. 



432 THE MINISTER OF THE SACRAMENT 

this, he says, is an error which involves confessors and penitents 
in eternal ruin."^^^ 

With these words, the sainted teacher demonstrates the ne- 
cessity of the study of theological casuistry. At the same time 
he shows also (and that a fortiori) the necessity of practical 
instruction concerning the administration of the Sacrament of 
Penance, as in this the confessor learns the method of hearing 
confessions rightly and with fruit. 

VI. Nothing can supply the defect of learning in the confessor. 
1. It is true that tact and a natural sagacity greatly assist the 
confessor, but without solid knowledge this natural capacity 
profits him nothing, but rather often exposes him to the danger 
of lightly deciding a matter against all principles of sound doc- 
trine. But he who does not possess this innate sagacity must 
the more study how casuists decide cases, in order to sharpen 
his judgment and learn the application of principles. ^^^ 

2. Nor can experience or long years of practice in the confes- 
sional supply the place of learning. By experience alone one 
cannot learn what is allowed and what is not allowed, still less 
how consciences are to be guided; ^'for experience which is not 
based upon knowledge is nothing else than a long custom of 
erring, "^^^ and worse than the condition of a still inexperienced 
but well-instructed confessor is that of a gray-haired, unlearned 
one, who, trusting in his experience, errs in his own judgment. 
Solid knowledge and experience must, therefore, be united in 
an able confessor. A long practice without erudition in the con- 
fessional is rather a danger than a help. 

As an excuse for not studying moral theology, many confessors 
contend that: Practice and theory are different things. If by 
this is meant that it is far more difficult to put in practice the 

296 Praxis Conf. n. 17. 

297 Lehmkuhl, 1. c. n. 438. 

298 Hobert, Pi-axis Sacra. Poenit. Tract. 1, cp. 4. Cf. Aertnys, Instr. 
pract. P. 1, cp. 1, n. 7. 



SCIENTIFIC EQUIPMENT OF THE CONFESSOR 433 

rules for the administration of the Sacrament of Penance than 
to learn them, this contention is right and just, and the deduc- 
tion is that even a very well-informed confessor must not trust 
to his own insight, but must unceasingly implore light from on 
high. But if the above argument is to be understood (as igno- 
rant confessors use it) to mean that something which is true in 
theory is in practice not always true, and that it is impossible 
always to observe the rules taught by theology, this would be 
a very pernicious error. If this were true, souls would be no 
longer led by the doctrine approved in the Church, but by the 
intelligence or the arbitrary will of the individual confessors. 
Practice is nothing else than the application of certain rules. 
How could a confessor understand the practical art of hearing 
confessions without possessing the theoretical science which 
consists in a knowledge of the rules? Right practice in the 
administration of the Sacrament of Penance is nothing else 
than right application of rules. ^^^ 

St. Alphonsus puts the question : Must a simple priest qualify 
himself for hearing confessions by the study of moral theology, 
if he sees that (in his diocese) there is a great want of confessors ? 
And he answers in the affirmative, ^'as Christ appointed priests 
expressly for the purpose of saving souls, and the salvation of 
souls is chiefly effected by the holy Sacrament of Penance. Ac- 
cordingly, how can a priest be pronounced free from sin who, 
out of negligence, does not hear confessions, or does not qualify 
himself to do so when he sees great need for it — how will such 
a one avoid the reproaches of the Lord, or escape the punish- 
ments with which He threatens the idle servant ? Such priests 
must not say that they did their duty if they helped souls in 
another way, by instruction, by prayer, by exhortation; that, 
I say, is not enough, because they must help their neighbor in 
that which is necessary to his salvation. Nor must it be said 

299 Cf. Aertnys, Instit. pract. 1. c. n. 8. 



434 THE MINISTER OF THE SACRAMENT 

that hearing confessions is a duty of charity, and that charity 
does not bind under such great difficulty as is involved in under- 
taking the labor which the acquirement of the knowledge neces- 
sary for the administration of the Sacrament of Penance entails. 
For it may be answered that even if hearing confessions is a 
duty of charity, it is of the essence of the sacerdotal office, and 
incumbent on every priest when necessity requires it." ^^^ 

55. The Prudence of the Confessor. 

In addition to knowledge the confessor must possess great 
prudence, as his office is beset with difficulties and dangers. 

The necessity for prudence in the confessor is shown in the 
very meaning of the word; for prudence is nothing else than 
the good use and the right application of principles and rules 
in any business, or, according to the Angelic Doctor, the right 
application of general principles to the individual case.^^^ It is, 
therefore, called the right way of acting. It is not, of course, 
the prudence of the world and the flesh which we have here in 
view, that prudence which, before God, is folly (1 Cor. iii. 19), 
which sacrifices higher things for earthly profit ; nor is it human 
respect, which in weakness and fear, abandons principles for 
a momentary success (prudentia diaholica, Jac. iii. 15)^ but the 
supernatural virtue of prudence,^^^ which springs like a flower 
from sanctifying grace and the love of God ; which, in Confirma- 
tion, the Holy Ghost bestows for individual use, and which is 
renewed for the public good in the ordination of the priest: 
this is that prudence which our divine Saviour recommended 
to His disciples, when He said to them : ^' Estate prudentes sicut 
serpentesJ' ^^^ Now the office of the confessor is of a thoroughly 
practical nature, difficult, and of the highest importance, as, in 

300 Homo Apost. Tr. 16, cp. 6, n. 127. 

301 II. II. Q. 14, art. 3. 

302 S. Thorn. II. II. Q. 47, art. 4. 

803 Stang, Pastoral Theol. 1. c. IV. 28. 



THE PRUDENCE OF THE CONFESSOR 435 

the exercise of it, he may benefit or injure both himself and others, 
according as his conduct is prudent or imprudent. Prudence, 
therefore, not less than knowledge, is necessary to the confessor. 
Prudence is the queen of the virtues, which counsels well, judges 
rightly, and effectually conducts to the goal proposed.^^^ 

The confessor must be prudent both tow^ards the "penitent and 
towards himself, that he may injure neither the penitent nor him- 
self, nor administer his office to the detriment of religion and the 
scandal of others. 

According to the teaching of St. Alphonsus,^^^ the confessor 
must conduct himself prudently towards the penitent, espe- 
cially in the following points : — 

{1) In the questions which he puts to the penitent, so as only 
to ask what is suited to the station, age, and condition of the 
penitent, and so as not to teach him sins which he did not know ; 
as already remarked, very special care is necessary in questions 
concerning the sixth commandment; (2) in the instructions 
which he gives the penitent; instructing him or preserving a 
discreet silence and leaving him in his good faith, as the welfare 
of the penitent may demand (Praxis, n. 8, 9) ; (3) in prescribing 
the means of amendment, so that these latter may be adapted to 
the state of the penitent's soul and to his circumstances (Praxis, 
n. 15) ; (4) in imposing sacramental penance, so that, as above 
stated, it may correspond with the penitent's sins and his station 
(Praxis, n. 11, 12); (5) in giving, deferring, or refusing absolution 
(Praxis, n. 10, 63-77) ; (6) in the choice of opinions, in case of 
the existence of probable opinions for and against a point, 
whether he must choose the severer or the milder decision for 
the penitent in question ^*^^ (Praxis, n. 114); (7) in preserving 
the seal of the confessional, so as to avoid every danger of break- 
ing it either directly or indirectly (Praxis, n. 117); (8) in the 

304 cf. Aertnys, Instit. pract. P. 1, cp. IT. n. 9. 

305 Praxis Coiofessar. Cf. Marc, Instit. Moral. 1. c. n. 1788. 

306 S. Alph. Lib. YI. n. 605; Marc, Inst. Mor. 1. c. n. 1789. 



436 THE MINISTER OF THE SACRAMENT 

treatment of very difficult and complicated questions, carefully 
weighing all the circumstances, and, when necessary, asking the 
penitent for time, in order to seek advice from books or learned 
men (Praxis, n. 194). 

The confessor must be prudent with regard to himself, that : 
(1) He may not prepare for himself temptation against holy 
purity in questioning and investigating the circumstances of 
sins, that he may not injure his good name, may not bring the 
office of the confessor into disrepute, may not render the insti- 
tution of the confessional odious; (2) in vitando aspectu foemi' 
narum, juniorum prcecipue et, nisi crates interjecta sit, manus 
certe cum sudario intercedat (Praxis, n. 119); and (3), by being 
especially careful with regard to women, being particular to avoid 
all superfluous talk, all familiarity, accepting no presents from 
them, not visiting them without necessity at their homes, treating 
younger ones with severity rather than leniency. These measures 
of precaution the confessor must adopt in the case of pious 
persons especially, quihuscum est periculum majoris adhcesionis 
(Praxis, n. 119-120).^°^ But how shall he obtain this prudence 
from which so many of the good effects of the Sacrament depend ? 
By study, by circumspection, by experience, by docihty, and 
purity of intention, the confessor can acquire for himself the 
necessary prudence, assisted, of course, by divine grace. 1. By 
study, for prudence derives its decisions and its opportune reme- 
dies from science. 2. By circumspection, by considering the 
different circumstances of the person and the case. This cir- 
cumspection will enable the confessor to reveal the deceptive 
motives of passion and vice, to suggest means for the removal 
of obstacles in the way of amendment, to foresee and provide 
against the detriment which may ensue. The gift of right judg- 
ment is conferred upon us by God; maturity of judgment is 
acquired with age ; but those who have not been richly endowed 

80"^ Marc, Tnst. mor. 1. c. n. 1791. 



THE PRUDENCE OF THE CONFESSOR 437 

by nature can sharpen their judgment by the study of moral 
and pastoral theology and by taking counsel of wiser men. 
3. By experience, which teaches the confessor what commonly 
occurs in practice, shows him how he must question, when he 
must instruct the penitent or leave him in bona fide, how he finds 
his way to the heart of the penitent, when he must show special 
indulgence, how to judge rightly of the penitent's disposition 
and to find the proper remedies. Practical experience is thus 
an excellent school. 4. By docility, which is especially neces- 
sary for young confessors; it teaches them to mistrust them- 
selves and to apply often to learned and experienced confessors 
for advice, thus profiting by the experience of others. Hence 
Benedict XIV advises confessors to beware of answering divi- 
nando when a more difficult or a new case is brought before them. 
On the contrary, they should not decide the matter till after 
mature consideration; moreover, they should consult the theo- 
logians whose teaching is solid and sound.^^^ 5. Purity of in- 
tention, that is the sole desire to please God, and to lead men to 
salvation. ^'It is certain that the Christian prudence of a con- 
fessor will be the greater, the greater is his love, and that, in 
general, the mind is stimulated by the intention or the desire 
to attain the end. The more a man is inflamed with the desire 
of a certain good, the more zealous is he in his search for the 
means of obtaining it, the more careful will he be in choosing 
the more suitable means, the more cautious will he be to omit 
anything that may be useful for his purpose, the more deter- 
mined will he be in overcoming all difficulties, so as to gain that 
on which he has set his mind. A confessor who, with pure in- 
tention, seeks only God and the salvation of souls, will labor 
with fruit." ''' 

308 Constit. " Apostolica," 26 June, 1749, n. 21. 
809 Aertnys, Instruct pract. 1. c. n. 10. 



438 THE MINISTER OF THE SACRAMENT 

Article II 

DUTIES OF THE CONFESSOR DURING CONFESSION 

56. The Duty of instructing and exhorting the Penitent — 
Munus Doctoris. 

The confessor will find many penitents either ignorant or 
under the influence of error. This ignorance may refer to some 
point connected with the reception of the Sacrament of Pen- 
ance, the general duties of a Christian life, or some particu- 
lar duty. The duty of the confessor to instruct the ignorant 
penitent varies with the subject on which the ignorance exists. 
Hence: I. The confessor is always obliged at once to instruct 
the penitent who is ignorant of something which he must hie et 
nunc know in order to receive validly the Sacrament of Penance, 
or to receive licite the Holy Eucharist. 1. The confessor must 
therefore instruct penitents who are ignorant of the truths which 
they, necessitate medii sive certo sive prohahiliter, ought to know 
and believe, and this instruction must be given before the 
administration of absolution.^^^ 

Moreover, the confessor must, before giving absolution, in- 
struct the penitent if he does not know how to make an act 
of contrition and purpose of amendment. These instructions 
must also, of course, be imparted when the penitent is not re- 
sponsible for his ignorance; therefore, in every case, because 
the penitent is incapable of receiving the Sacrament in such a 

^'^^ Necessitate medii the Christian must believe those truths without the 
knowledge and express belief of which, justification and, in consequence, 
the attainment of everlasting salvation, is never possible for any one having 
the use of reason. Certainly necessary is the explicit belief : (1) in one 
God ; (2) the Rewarder of good and the Avenger of evil. Althongh it is 
quite probable that Jides explicita is necessary in these truths only, it is, 
nevertheless, not certain that fides explicita is not also necessary (3) in the 
mystery of the Blessed Trinity and (4) in the mystery of the Incarnation 
and the Redemption. 



THE CONFESSOR AS TEACHER 439 

state of ignorance.^^^ The confessor might send away a penitent 
ignorant of these truths, imposing upon him the duty of first 
obtaining instruction from some competent person or the parish 
priest; but if there is no good reason to hope that he would 
fulfill this duty, the instruction must be given concisely in the 
confessional, and this should nowadays be done in most cases 
of the kind. 2. If the penitent is ignorant concerning the Holy 
Sacrament of the Altar, the confessor must certainly instruct 
him upon this point before allowing him to receive holy com- 
munion. 

It is, however, not necessary to the valid reception of abso- 
lution that the penitent should retain all these truths in his 
memory; it is sufficient that he substantially understands them 
and makes an act of faith which the confessor recites to him. 
The confessor must impose upon such penitents the duty of 
subsequently obtaining fuller instruction.^^^ It is also the duty 
of the confessor to ascertain whether they know these truths. 
Whenever he thinks it probable that a penitent does not know 
them, he must ask. He need not, as a rule, ask those who were 
brought up as children in a pious and Christian fashion. But 
others, who received Christian instruction in their youth, and 
have subsequently neglected sermons and instructions, must 
certainly be questioned, and this especially applies to our times, 
when so many Christians, particularly men (but also not a few 
women), absent themselves for a long time from sermons and 
neglect every other kind of Christian instruction; such people, 
even when well educated and instructed in worldly matters, are 
ignorant, admodum rudes, in religion, having forgotten nearly 
all they had formerly learnt. In the cares, labors, and pleas- 
ures of life, and frequently under the influence of pernicious 
and irreligious literature, they have perhaps become strongly 

311 Cf. S. Alph. Lib. VI. nn. 608-610; Prop, damnat. 64 ab Innoc. XI. 

312 Cf . S. Alph. Praxis Conf. n. 22 ; Aertnys, Theol. Mor. Lib. II. Tr. 1, 
n. 4; Lehmkuhl, L c. n. 442. 



440 THE MINISTER OF THE SACRAMENT 

infected with irreligion or heresy. If the penitents are such 
that one could not ask if they are ignorant of these truths with- 
out causing them confusion, the confessor might of his own 
accord explain what is most essential, and, in some way, move 
the penitents to an act of faith.^^^ 

II. If the penitent is ignorant of the truths of Christian doc- 
trine and the precepts of Christian life, especially of those truths 
which the Christian must know and believe necessitate prcecepti, 
the confessor must first of all inquire if the penitent is respon- 
sible for this ignorance or not. If he is, he can be absolved, 
but he must be sorry for, and confess, his neglect, and make a 
firm resolution to learn these truths; and if he does not keep 
his promise, absolution must, as a rule, be refused to him till 
he has performed his duty. If he is ignorant by no fault of his 
own, he can be absolved, but he must promise to obtain instruc- 
tion. ^^^ If the confessor is, at the same time, the pastor of such 
penitents, he is bound, ex officio, or in justice, to provide them 
with opportunities for acquiring better instruction; if he is not 
their parish priest, he is not strictly bound in duty to do so, 
though he may be bound ex charitate, but he is always bound to 
inform the penitent as to his duty of becoming better instructed, 
and as to the sin of negligence of which he is guilty if the igno- 
rance is culpable, and which he must confess. 

III. If the penitent is ignorant of particular duties, the con- 
fessor must primarily consider the spiritual welfare of the peni- 
tent in deciding whether he shall instruct him or not ; but this 
spiritual welfare must be taken in its full sense as comprising, 
therefore, the individual welfare of the penitent himself, and also 
the general welfare for which he has to provide. This instruc- 
tion must, however, be given with prudence, for fear of causing 
more harm than good to the penitent. The following obhga- 

318 Cf. S. Alph. Theol. Mor. Lib. II. n. 3, Praxis Conf. n. 22; Salm. 
Tract. 21, cp. 2, iin. 62, 63; Aertnys, 1. c. n. 4. 
314 Cf. S. Alph. Prax. Conf. n. 22. 



THE CON FES SOB AS TEACHER 441 

tions of the penitent are here chiefly in question : the ckities of 
his station in hfe, the duty of making restitution (honor, good 
name, property), of avoiding dangerous occasions, of recon- 
cihation, of removing scandal, and of practicing almsgiving. ^^^ 
When he considers it necessary and appropriate, the confessor 
must, with special prudence, instruct persons engaged to be 
married concerning their conduct in that state. It may also 
be opportune to inform a penitent that he is not bound to fast 
or to abstain, so that he may not, from ignorance, believe that 
he commits sin where there is no sin at all. This duty of in- 
structing the- penitent must now be somewhat more clearly 
considered and particularized. 

The confessor must instruct or exhort : — 

1. When the ignorance of the penitent is not invincible, or 
when he is responsible for it {vincihilis seu culpahilis) ; when 
the penitent is in such a state of doubt concerning some duty 
that there can no longer be a question of bona fides. When a 
person is in such ignorance, he is already in a state of sin, or in 
immediate danger of formal sin, because he acts under reason- 
able doubt or culpable ignorance. The exhortation, therefore, 
so far from doing harm, can only result in good, as it will after- 
w^ards produce the desired fruit. When, therefore, the penitent, 
not out of mere scrupulosity, but in consequence of a serious 
doubt, questions the confessor about some duty, the latter 
must instruct him. In this case where the penitent has a sub- 
stantial doubt and he is bound to remove it, the confessor's 
duty is to tell him the truth; moreover, it is plain that the 
penitent is disposed to act in accordance with the confessor's 
answer. If, however, the confessor thinks, in an exceptional 
case, that the penitent should not know the whole truth, he need 
say nothing more in reply to the penitent than what is neces- 
sary .^^"^ If, for instance, a person bound by a vow of chastity 

315 Cf. S. Alph. Lib. YI. nn. 608, 609. 
816 S. Alph. Lib. VI. n. 616. 



442 TRE MINISTER OF THE SACRAMENT 

asks if the marriage which he has contracted without a dispen- 
sation is invahd on account of the vow, let him answer in the 
negative, but be silent about the debitum conjugale; if he asks 
whether he may render the debitum, let the confessor answer 
in the affirmative, and be silent about demanding the debitum. 

2. When the penitent is ignorant of things which cannot long 
escape his knowledge, and when his ignorance, still invincibilis 
et inculpabilis, will soon cease to be so and become culpabilis, 
especially where a vice is growing with the lapse of time and its 
extirpation becomes more difficult — in such case the confessor 
must, as a rule, instruct and exhort the penitent at once; for 
instance, when young people w^ho have not yet attained to pu- 
berty, begin to contract a habitus pollutionis, they must be seri- 
ously warned to desist from their dangerous and sinful practice, 
even when they are perhaps in bona fide. But in this the con- 
fessor must weigh well the circumstances, considering whether, 
perhaps, for the time being, a very heavy burden is not being 
imposed upon the penitent, which he will scarcely be able to 
bear, but which will very soon cease. In this case silence would 
be preferable. 

3. If the ignorance is invincibilis, but a good result may be 
hoped from the exhortation, in this case the confessor must 
exhort even when in consequence a difficulty arises for the peni- 
tent, or when it is foreseen that the exhortation will certainly 
not do harm. For a material violation of a law must also be 
avoided, when this can be done without danger of a greater 
evil. The confessor must not fail, therefore, to admonish, al- 
though he foresees that the penitent will not immediately obey, 
if he has hopes that he will soon do so. For it may happen that 
a penitent, when he has learnt the truth, does not at first obey, 
but when he has become calmer, after serious reflection, amends 
his life.^^^ If the confessor sees that the penitent does not re- 

81" Cf. S. Alph. H. Ap. Tr. 16, n. 115. 



THE CONFESSOR AS TEACHER 443 

ceive the exhortation well at the time, but that he will receive 
it better at some more seasonable moment, he must defer it to 
a later occasion. If there is no likelihood of good resulting 
from the exhortation, the confessor, according to the general 
and approved teaching of theologians, is bound, per se loquendo 
(that is, unless there is some other motive, such as regard for 
the honum publicum), to omit the exhortation, and to leave the 
penitent in his bona fide. 

When, therefore, the confessor learns in the course of the con- 
fession that the penitent has contracted an invalid marriage 
through some secret impediment, and danger of disgrace, scandal, 
or incontinence is to be feared from disclosing to him the nullity 
of the marriage, he must be silent on the subject of the invalid- 
ity, and leave the penitent in bona fide until he has obtained a 
dispensation. And in the case where he could not disclose the 
nullity of the marriage at all without being obliged to face these 
difficulties, he should ask for a sanatio in radice, and conceal 
everything from the penitent. In such a case the confessor 
can even bind in duty the putative husband (or wife) who re- 
fuses the debitum conjugale, to render it; for if the husband (or 
wife) is convinced that he (or she) is living in lawful matrimony, 
he (or she) is bound in conscience to render the debitum. But 
the confessor will act more safely by telling the penitent quite 
in a general way that married people are bound to render the 
debitum, and that they cannot be absolved if they do not per- 
form their duty.^^^ 

The confessor must not admonish the penitent to make res- 
titution when he foresees that the penitent (who believes, bona 
fide, that he is "not bound to make restitution) will not obey ; 
for such admonition would injure the penitent, and not benefit 
the person to whom he is bound to make the restitution; in- 
deed, the confessor must be more concerned to avert spiritual 

318 Cf. S. Alph. Lib. VI. n. 611 ; H. Ap. ii. 113. 



444 THE MINISTER OF THE SACRAMENT 

injury from the penitent than temporal injury from another. 
Nevertheless, the confessor must not lightly presume that his 
admonition will not be obeyed. ^^^ 

Instruction or admonition must also be omitted if there is 
reasonable fear that scandal, disgrace, quarrels, and other seri- 
ous inconvenience will arise; for it is better to provide against 
formal sins in others than material sins in the penitent. For 
instance, if a marriage is invalid, and the parties are not aware 
of the fact, the confessor could inform the wife of it without 
danger, whereas serious difficulties might be caused by disclos- 
ing it to the husband. 

If a marriage is to be contracted, and, through the confession 
of the penitent, the confessor discovers an impedimentum diri- 
mens, but of which the penitent is invincibiliter ignorant, the 
confessor is, as a rule, bound to instruct the penitent concern- 
ing it, and to admonish him either to refrain from contracting 
the marriage, or to obtain a dispensation before contracting it. 
Great inconveniences frequently arise from an invalid mar- 
riage, for the invalidity is often disclosed later on, and in such 
a case the penitent is exposed to no small danger of committing 
actual sin. If, however, no good result can be expected from 
revealing the defect, the confessor would be obliged to abstain 
from admonishing till he himself has obtained a dispensation, 
for it is better to permit a material sin than to furnish occasion 
for formal sin.-'^^" If, on the day before the marriage, or on the 
day itself, when everything is prepared, and the wedding could 
not be stopped without scandal and disgrace, the bride or bride- 
groom reveals to the confessor a secret impediment, a dispensa- 
tion must be obtained from the bishop, if there is time to do so, 
and the bishop can, according to the communissima et prohabilis- 
sima sententia, dispense in such a case, as from other laws, when 
recourse to the Pope is impossible, and there is danger in delay- 

819 Cf, S Alph. Lib. VL n. 614. 

820 S. Alph. I.ib. VI. n. (512; II. Ap. ii. 113. 



THE CONFESSOR AS TEACHER 445 

Indeed, according to the probable opinion of many theologians, 
the bishop can also delegate this power universally as a potestas 
ordinaria, to others, for all cases that occur. But if the confessor 
cannot apply to the bishop, the parish priest or the confessor 
may, as some teach (and St. Alphonsus adds: ^'not without 
ground"), declare ex Epikeia, that the law of the impediment 
in question does not bind in the particular case, because it is 
detrimental; but, in order to be safe, and to preserve the rev- 
erence due to the commandment of the Church, application to 
the Sacred Penitentiary, or to the Ordinary, must be made as 
soon as possible to obtain a dispensation.^^^ 

In cases of doubt as to whether the admonition will do good 
or harm, it should be omitted, because it is better to guard against 
formal sins than material. But if it is more probable that the 
admonition will benefit, it must be given, and Viva and Ron- 
caglia rightly remark that we must not easily conclude that the 
penitent would not obey after having learnt the truth.^^^ 

The objection might be raised that the penitent who should 
refuse to obey the exhortation of his confessor would not be in 
good disposition, and, therefore, could not receive absolution. 
St. Alphonsus disposes of this objection by pointing out that the 
confessor must consider the disposition in which the penitent 
actually is w^hile he is still ignorant of his obligation, and not 
the state of mind in which it is presumed that he would be after 
he had been admonished about it. As it is not allowable to 
expose one's neighbor to a danger to which it is anticipated 
that he will succumb, so the confessor must not expose a peni- 
tent to the danger of refusing to fulfill a duty by instructing 
him about it ; he must rather leave the penitent in material sin, 
because a peccatum formate outweighs all peccata materialiaP^ 

321 Cf. Benedict XIV, De Syn. Lib. 9, cp. 2, nn. 2, 3 ; S. Alph. Lib. VI. 
n. 613; H. Ap. n. 114, Prax. Conf. n. 8; Aertnys, Theol. Mor. Lib. VI. 
n. 273; Marc, L c. n. 1810. 

322 S. Alph. Lib. VI. n. 616 (fin.) . Cf . n. 614. 

323 S. Alph. Lib. VI. n. 610. 



446 THE MINISTER OF THE SACRAMENT 

4. The confessor must speak when the ignorance of the peni- 
tent concerns the prima principia moralia or the proximas con- 
clusiones deduced from them; for such ignorance is either not 
actually existent, or will not be for long invincihilis, and is gen- 
erally hurtful to the penitent. Especially urgent is the duty of 
admonishing the penitent when omitting to do so would con- 
firm him in a sinful habit which he would probably find great 
difficulty in overcoming later. 

5. Moreover, admonition must be given when the ignorance 
touches the duty of giving up a gravely sinful immediate occa- 
sion, as such ignorance tends to the ruin of the penitent, by 
rendering easier the fall into formal sin. 

6. The penitent must be admonished even when he is not 
disposed, if the confessor's silence were to bring harm to the 
community, by scandal, for instance, to the faithful. For if 
the confessor is bound to be chiefly concerned about the salva- 
tion of the penitent, he is also bound, as a member of Christian 
society and its servant, to prefer the honum commune to the 
honum privatum of the penitent.^^^ The fact that the admoni- 
tion is hie et nune fruitless or that the penitent takes offense at 
it is not a valid objection, for such a penitent will amend the 
more easil}^ when he sees that no other priest will absolve him, 
and in the meantime the scandal will cease, for the faithful will 
see that the penitent in question is not admitted ,to the Sacra- 
ments. Hence princes, officials, bishops, prelates, parish priests, 
employers, who neglect their duties towards their subordinates, 
must be instructed and exhorted. For we may not lightly 
presume that their ignorance is invineihilis, since everybody 
ought to know the duties of his office, and ignorance of them, 
even when invineihilis, always tends to the injury of the com- 
munity, as others ma}^ easily think they are justified in imitat- 
ing what they see their superiors doing. Therefore, as Benedict 

324 S. Alph. Lib. VI. n. 615. Cf. Praxis Coiif. n. 9. 



THE CONFESSOR AS TE AGREE 447 

XIV teaches,^^^ those are to be instructed concerning their duties 
who frequently receive the holy Sacraments, in order that others 
may not be led to believe that wrongdoing is allowable, because 
they see it done by these and done with impunity. And Lugo 
adds that when the confessor has reasonable doubts as to whether 
such penitents perform their duties, he is bound to ask them if 
they are faithful to them.^^^ 

7. The confessor must admonish when, on account of special 
circumstances, his silence would be equivalent to a positively 
false answer. 

8. A penitent must always be admonished when, in conse- 
quence of a false conscience, he believes something to be a sin 
which is none, or believ-es it to be a greater sin than is really 
the case. Moreover, instruction ought not to be withheld even 
though it afford an occasion to the penitent of sinning more 
frequently, as might happen when he learns that a sin which 
he believed conscientia erronea to be mortal is only venial. Nev- 
ertheless, the confessor must consider whether something which 
per se is a venial sin, may not, in view of the circumstances of 
scandal, danger, etc., become a grave sin. 

In conclusion we will add a remark of St. Alphonsus, namely, 
that confessors act imprudently by instructing uneducated peni- 
tents concerning the special and greater sinfulness imparted by 
circumstances to wicked acts; for instance, that adultery is a 
greater sin than impurity among unmarried persons, that incest 
is committed when relatives are guilty of impurity with each 
other. But this instruction must be given when there is rea- 
son for believing that the knowledge of the greater sinfulness 
will effectually prevent the sin.^" 

Sometimes the confessor is asked by his penitents for instruc- 
tion and advice in matters affecting the welfare of the soul. 

325 Constit. " Apostolica," 26 June, 1749, n. 20. 
826 s. Alph. Lib. VI. n. 615, Praxis Conf. n. 9. 
327 Cf. S. Alph. Prax. Conf. n. 39. 



448 THE MINISTER OF THE SACRAMENT 

Although the confessor must be careful not to advise and help 
in all possible worldly matters, he must not refuse to be the ad- 
viser and helper of his penitent in matters pertaining to the sal- 
vation of souls. This is a part of his duty. And to whom should 
a penitent turn in such circumstances if not to the confessor 
who knows the state of his soul and his entire life? But if 
the confessor has to give advice and instruction, let him judge 
the matter in the light of faith, and in accordance with the prin- 
ciples of Christian morality, not according to a certain empiri- 
cal wisdom and worldly prudence, and not according to his 
subjective opinion. In important matters let him, therefore, 
deliberate thoroughly, ask help of God through the Mother of 
Good Counsel, and, when necessary, seek advice at the hands 
of experienced and prudent men. Then let him pronounce his 
decision clearly and definitely. 

57. The Duty of sug^gestin^ Remedies against Relapse (the 
Confessor as Physician). 

Sins are justly described as wounds of the soul, the cure of 
which is to be sought in the Sacrament of Penance. It is cer- 
tainly the first and highest function of the minister of the Sac- 
rament to reconcile the sinner to God by canceling his sins; 
but there remains another task of great significance, viz. to 
keep the penitent — the sinner now reconciled to God — faith- 
ful to his duty and to his promises, and to preserve him from 
new sins. For the confessor is also the spiritual physician of 
the penitent. And as it is the duty of the bodily physician to 
study the malady and its causes, and then to prescribe reme- 
dies, so the physician of the soul must first know the sins of the 
penitent, their causes and gravity, and then provide the reme- 
dies, by the conscientious application of which relapse into sin 
may be prevented. In order to discharge his duty as physician 
of the soul, the confessor must, therefore, first ascertain if the 



DUTY OF SUGGESTING REMEDIES AGAINST RELAPSE 449 

penitent has a habit of sinning, if he hves in immediate occasion 
of sin, he must question him as to the time and the place of 
the sin, the persons with whom he has sinned, and under what 
circumstances he has usually been led into sin. " Herein many 
confessors fail," says St. Alphonsus, '^and the ruin of many souls 
results from it; for by omitting such questions, the confessor 
is unable to find out if the penitent is a relapsing sinner, and, 
therefore, cannot prescribe suitable means for eradicating the 
sinful habit and avoiding the occasion." ^"^ 

Those confessors are gravely wanting in their duty who con- 
tent themselves with remitting the sins confessed, but do not 
trouble about the preservation of the converted sinner, the new 
life and the cure of the penitent's sickness; hence it happens 
that persons who are enslaved by a sinful habit very soon fall 
from the new life of grace, and, in the words of Our Saviour, 
the state of the relapsing sinner is worse than his former state, 
and the confessor thus shares in his guilt.^^^ 

The confessor's work as a judge of the sins and disposition 
of the penitent places him in a position of peculiar advantage 
for discharging his duty as physician. But in order to effect 
a thorough cure of these wounds of the soul, he must, as we have 
seen above, be acquainted with the whole moral state of the 
penitent; hence he must not confine himself to know if the sin 
was mortal or venial, a sin of some special occasion, an habit- 
ual sin, or one of relapse ; he must also ascertain if his penitent, 
in matters of religion, is instructed or ignorant, if he is on the 
way of improvement, if his good will has become strengthened 
by the grace of God and by resistance to evil, or is still weak 
and vacillating. 

The confessor must make it his special business to learn the 
penitent's predominant passion, and the prevailing vices con- 
nected with it. The predominant passion is an habitual ten- 

328 Pi-axis Coiif. mi. 6, 180. 

329 Cf. Trid. Sess. XIV. cp. 8. 



450 THE MINISTER OF THE SACRAMENT 

dency, more or less violent, to some sin, which exercises a 
certain mastery over the soul, and has other evil inclinations 
in its service. Such predominant passions are : the lust of the 
eyes, the lust of the flesh, and pride ; also the seven capital sins. 
They have their root partly in original sin, partly in perverse 
education, partly in repeated sinning, partly in exterior influ- 
ences. Now it will not avail much to combat the individual 
sins ; their root — the sinful passion — must be torn out. It 
is like a poisonous growth which is always striking deeper roots 
into the human soul, and ever putting forth fresh shoots in the 
individual sins. This baneful root must be removed, and with 
it its noxious growth of sin will also be removed. 

To this end the predominant passion must first be diagnosed, 
and this is generally a very difficult matter. There are pas- 
sions, such as avarice, covetousness, pride, intemperance, sloth, 
which are seldom recognized as sins by the penitent, and even 
take the appearance of virtue. In acquiring this knowledge, 
which is as necessary as it is difficult, the confessor must help 
his penitent by suggesting careful, serious examination of con- 
science, especially the use of the particular examination of con- 
science ; the observation of the causes, the motives, and the occasions 
of sin. Finally, he should point out the necessity of illuminat- 
ing grace, which the penitent obtains by earnest prayer. The 
confessor himself must try to discover this predominant pas- 
sion by suitable questions, by examining the sins which have 
been confessed, and the moral condition of the penitent. The 
difficulty of his task must not deter him, for its successful accom- 
plishment will greatly effect the amendment and cure of the 
penitent. Earnest prayer for light, the intention only of advanc- 
ing the glory of God and the salvation of the penitent, joined 
to true zeal for souls, will assuredly lead the man of prayer and 
of interior life to the desired knowledge. Having learnt the 
state of the penitent's disease, let the confessor proceed to the 
cure of it ; this will primarily be effected by the abundant graces 



DUTY OF SUGGESTING REMEDIES AGAINST RELAPSE 451 

obtained in the worthy reception of the Sacrament of Penance. 
It must be the confessor's next care to dispose the penitent 
well, or to perfect his dispositions, by endeavoring to move him 
to greater sorrow for his sins, and to a firmer purpose of amend- 
ment. The deeper the sorrow and the more earnest the pur- 
pose of amendment, the more lasting will be the effect of the 
Sacrament for the improvement of the sinner. 

The confessor must then reprove (reprehendere) the sinner; 
that is, he must in strong and forcible language emphasize the 
shamefulness and perniciousness of his sin. And St. Alphon- 
sus teaches that the confessor must discharge this duty of rep- 
rehension even when the penitent is one in high position; the 
confessor, he says, must reflect that his words are more effica- 
cious than sermons.^^^ This reprehension is particularly neces- 
sary for those who seldom confess, who come burdened with 
many sins, or who, from weakness of faith or attachment to 
creatures, manifest little sorrow. It is very salutary, because 
the words of the confessor, specially adapted to the penitent, 
are much more efficacious than those of the preacher.^^^ But 
let the confessor administer it with much prudence, that it may 
really prove an effective medicine for the sick soul — not with 
indignation, violence, and anger, but in sympathy and love, in 
the spirit of meekness, with due regard for the penitent's con- 
dition and the gravity of his sins. Despondent and scrupulous 
penitents must be encouraged and not cast into despair. Those 
who are crushed by sorrow should be treated as Christ treated the 
penitent Magdalen, and as the father treated the prodigal son.^^^ 

Finally, the confessor must provide the penitent with reme- 
dies against relapse. Of such there are general ones, useful 
against all sins, and for all penitents; and special ones appli- 
cable to special sins. The following are general means : — 

1. The most excellent general means of eradicating vice and 

330 Praxis Conf. n. 7. ^si Benedict XTV, " Apostolica," § 22. 
33'^ Cf. Polancus, 1. c. ; Segneri, 1. c. 



452 THE MINISTER OF THE SACRAMENT 

implanting virtue is regular, devout, and humble prayer. The 
confessor should, therefore, earnestly admonish the penitent 
regularly to recite the daily prayers of a Christian, to implore 
the divine grace in temptation, and if possible, hear Mass daily. 
Pious penitents, who seriously aim at virtue, should be recom- 
mended to add special devotions to the usual prayers; such as 
visits to the Blessed Sacrament, a portion of the Rosary, etc.; 
especially spiritual reading every day, at a fixed hour, from a 
suitable book, which the confessor may specify, short ejacula- 
tory prayers, frequent renewal of good intention, and recollec- 
tion of the presence of God, as also a short meditation in the 
morning, when possible. 

2. Frequent renewal of purpose and regular examination of 
conscience are very beneficial. Therefore, the penitent should 
renew his good resolutions every morning at his prayers and 
also during the day; to his night prayers he should add an ex- 
amination of conscience, at the same time awakening true sor- 
row for all sins of the past. The confessor should also instruct 
the penitent in the exercise of the special resolution, and the 
examen particulare, and induce him to adopt these exercises, 
as they are so well calculated to root out particular faults, to 
bring about general improvement, and to confirm him in his 
striving after virtue. 

3. Frequent confession, and the confessor should fix the time 
for the penitent's next confession; or he should determine how 
often he must confess in the future, not, however, making too 
great demands upon him, but requiring only what he will prob- 
ably be able to perform. Let him particularly recommend the 
penitent to confess as soon as possible after relapse into mortal 
sin. Frequent confession must be imposed as a duty on those 
who, from interior weakness, are always relapsing into the same 
sins, in proportion as this proves itself to be the only efficient 
means of insuring perseverance in virtue. This applies to those 
who have become addicted to the peccatum pollutionis. 



DUTY OF SUGGESTING REMEDIES AGAINST RELAPSE 453 

4. Frequent reception of the holy communion, with due prepa- 
ration and thanksgiving. True, it is not necessary to receive 
holy communion as often as one confesses in order to rid one's 
self of habitual sin; but frequent, even weekly communion, is 
permitted for the cure of a soul much weakened by sin, if the 
penitent desires it, receives it with an earnest wish to amend, 
and is really, although but slowly, being converted by this 
means from a life of sin. For holy communion is not only a 
help to virtue, but also a remedy against sin. By increasing 
sanctifying grace and holy love, by the intimate union with 
God which it effects, by the wealth of grace which it brings to 
the soul, it effectually preserves men from mortal sin, destroys 
evil inclinations, excites the desire for virtue, and gives the 
strength to practice it. For penitents who already walk in 
the paths of virtue, frequent communion is an aid to progress 
in perfection, and assuredly communio frequens eminently con- 
duces to perseverance and advancement in good; the confessor 
should, therefore, most earnestly recommend this remedy to 
his penitents. 

But he must not demand too much. The reception of holy 
communion every three months is generally regarded as the 
minimum; but the confessor will often be obliged to content 
himself with longer intervals, especially when youths and men 
(and in many cases, even women also) are concerned. When 
received every month, or at least every six or eight weeks, holy 
communion is a means of keeping alive zeal for eternal salva- 
tion and of remaining firm in a Christian life. 

More frequent reception of holy communion, every fortnight, 
every week, or several times during the week, is to be allowed 
or recommended when the following conditions exist : — 

(a) For weekly communion, and, if a feast occur, two com- 
munions in the week, it is necessary that mortal sin should 
generally be avoided; but if such penitents are in the habit of 
committing venial sins with deliberation, and if no improve- 



454 THE MINISTER OF THE SACRAMENT 

ment or serious endeavor to improve manifests itself, it is well 
occasionally to forbid communion to such persons, in order to 
inspire them with greater fear of venial sin, and to show them 
with what reverence this Sacrament must be received. 

(6) More frequent communion in the week may be permitted 
and recommended to those who are free from affection to venial 
sins, who do not generally commit deliberate venial sins, who 
practice meditation, mortify their senses and passions, — who, 
in other words, are striving after perfection. 

(c) Daily communion may be allowed to those who not only 
do not entertain voluntary attachment to any venial sin, but 
who steadfastly endeavor to advance in virtue, who gladly and 
diligently devote themselves to interior prayer, who have, to a 
great extent, suppressed their evil passions, and who are filled 
with a great longing for holy communion. The confessor must 
not be too indulgent, nor, on the other hand, too rigorous. Be- 
fore permitting frequent communion to any one, it is necessary 
to consider if the person is so situated as to be able to prepare 
properly and to make suitable thanksgiving. It is also recom- 
mended (1) on one day in every week, as a rule, not to receive 
communion, in accordance with the practice of experienced 
confessors, and (2) sometimes to forbid communion on some 
particular day, for some just motive — as a trial, a mortifica- 
tion, or a punishment. If, later on, the confessor perceives 
that, in spite of frequent communion, the penitent makes no 
progress in the way of perfection, and that he cherishes in his 
heart a voluntary attachment to sin, the confessor must reduce 
the number of his communions.^^^ 

5. Avoiding had company and associating with good, religious 

833 Cf. S. Alph. Praxis Conf. nn. 148-lo5; Honi. Ap. App. 1, nn. 28-86; 
Vera Sponsa, cp. 18, § 3 ; Aertuys, 1. c. Lib. VI. Tract. IV. De Eucharist, 
nn. 93-95; this author discusses also the difference between the teaching 
of St. Alphonsus and that of St. Francis of Sales. Lehnikuhl, 1. c. P. II. 
L. I. Tr. IV. De Euchar. n. 156. 



DUTY OF SUGGESTING REMEDIES AGAINST RELAPSE 455 

men. The confessor must, of course, most earnestly exhort 
the penitent to avoid every occasion and danger of sin, especially 
every immediate, and more serious, danger of sin even when it 
is a remote one, in so far as it is morally possible to avoid it. 
The special occasions and dangers which exist in some particular 
place, the confessor will learn from his own observation, from 
the advice of experienced men, or the counsel of his superiors. 

6. The reading of good hooks, the lives of the saints. 

7. Reflection on the eternal truths, the Life and Passion of Jesus. 

8. Frequent thought of the presence of God. 

9. Voluntary works of penance in punishment of relapse, 
which the penitent should determine in advance. This remedy 
is much to be recommended, not only against grave sins, but also 
against slight defects, when one is aiming at perfection. 

10. Special devotion to the divine Heart of Jesus, to Mary, and 
to the Guardian Angel. It is better to do a little regularly, than 
much w^ithout perseverance and order, according to the humor 
and mood of the moment. 

11. Confidence and perseverance, even when a relapse occurs; 
for nothing is more harmful than to lose courage and regard 
amendment as too difficult and impossible on account of fre- 
quent relapses. This mood generally arises from wrong appli- 
cation of remedies, and from a certain secret pride. Therefore, 
wholly distrusting his own powders, the penitent must put all 
his confidence in God.^^^ 

The confessor should not content himself with indicating 
remedies for the penitent; he must choose and impose them 
with reference to the latter's moral sickness, his temptations 
and occasions of sinning, and his station in life; if necessary 
he must also instruct him as to their application. 

Moreover, there are special remedies for different vices. 

334 Cf. S. Alph. Praxis Conf. n. 15 (Ed. Le Noir, Par. 1880) ; Lacroix, Lib. 
VI. p. 2, n. 1825 ; Lehmkuhl, 1. c. n. 447 ; Aertnys, Instruct, pract. Pars II. 
cp. 3, art. 1, n. 59. 



456 THE MINISTER OF THE SACRAMENT 

1. Against pride, the confessor should recommend: — 

(a) The following considerations — what man is of himself, 
that he has received all from God, that he has already committed 
so many sins; his poverty and weakness, his inconstancy, his 
ingratitude and infidelity towards God. 

(6) The example of Christ, who so deeply humbled Himself 
for love of us, who expressly and earnestly invites us to imitate 
His humility ; on the other hand, that pride is the sin of Satan. 

(c) The promises held out to humility, and the punishment of 
the proud. ''God resists the proud, and gives His grace to the 
humble." (St. James iv. 6.) ''The prayer of the humble man 
pierceth the clouds." (Eccl. xxxv. 21.) 

(d) Finally, he should remind him that, to obtain humility, 
he must humble himself, hence he must avoid rather than seek 
the praise of men, and, so far as his position allows, forego out- 
ward marks of distinction, etc. 

2. Against avarice (covetousness) : — 

(a) The utterances of Holy Writ against the avaricious and 
the covetous. (Eccl. x. 9.) "There is not a more wicked 
thing than to love money, for such a one setteth even his own soul 
for sale." The parable of the rich man. (St. Luke xviii. 25.) 
"It is easier for a camel to pass through the eye of a needle 
than for a rich man to enter the kingdom of heaven." 

(h) Earthly goods can never fully satisfy a ,man, nor make 
him really happy. 

(c) All our earthly possessions we must leave behind to heirs, 
who, perhaps, will soon forget us, and neither thank us nor pray 
for us. Better it is, therefore, with our earthly goods to procure 
for ourselves heavenly treasures, of which we cannot be robbed. 
(See St. Matthew vi. 19, 20; St. Luke xvi. 9.) 

(d) The menace of the Apostle : " They that will become rich, 
fall into the snare of the devil." (1 Tim. vi. 9.) 

(e) The example of Jesus, of Mary, of St. Joseph, and of so 
many saints. 



DUTY OF SUGGESTING BEMEDIES AGAINST RELAPSE 457 

3. Against impurity : — 

(a) Serious consideration of the disgrace into which this vice 
throws a man; a vice in which he makes himself the tool and 
slave of the vilest desires and passions. 

(h) Flight from those persons and things, the sight of whom, 
or intercourse with whom, excites to sinful thoughts and desires ; 
avoidance of every dangerous intimacy. 

(c) Avoidance of idleness; constant useful occupation. 

(d) Watchfulness over the senses. 

(e) Energetic suppression of temptation in its first beginnings, 
as soon as one is conscious of it. Principiis obsta, sew medicina 
paratur. 

if) Humble prayer is here preeminently necessary — especially 
devotion to the most blessed Virgin in her Immaculate Concep- 
tion. Instant appeal to her in temptation; the prayer: "0 
Domina mea, mater mea,^' etc., every morning and evening 
has always proved very efficacious. 

(g) Mortification of the flesh; at least avoidance of all luxuri- 
ousness and effeminacy. 

4. Against intemperance: — 

(a) Consideration of the disgrace peculiar to this vice. 
(6) Avoidance of everything which excites to it, especially 
convivial occasions and gatherings. 

(c) Slight mortifications. 

(d) Determining a fixed measure, with the firm resolve never 
to exceed it without due reason. 

5. Against envy : — 

(a) The envious man tortures himself; this is the most foolish 
of vices. 

(5) Envying others is copying the devil, rejoicing at the hap- 
piness of others is imitating the angels. 

(c) Through God and Christ all men stand in close relation- 
ship to each other, are all brothers. 

(d) Consequences of envy. Cain, the Pharisees. 



458 THE MINISTER OF THE SACRAMENT 

{e) When feelings of envy rise in the heart, the penitent should 
endeavor to be well disposed towards the particular person, 
should meet him in a friendly manner, should be ready to help 
him if necessary, should at least pray for him there and then. 

6. Against anger : — 

(a) Our duty to strive after meekness and patience, in imita- 
tion of Jesus. 

(6) The ruinous effects of anger — robbing a man — either 
partially or wholly — of the use of reason, hurrying him into 
unconsidered, shameful, and most sinful actions; destroying 
peace, stirring up enmities. 

(c) Prevention of the outward inducements to anger : certain 
games, drinking — and if they cannot be prevented, the peni- 
tent should lessen them by prudent precautionary measures. 

{d) God has every reason for being angry with us, and 
for taking vengeance upon us, on account of the many insults 
which we offer to Him. But He forgives us, and it is, therefore, 
but just that we should harbor no anger towards our neighbor. 

(e) If we do not forgive, we have no right to hope for forgive- 
ness at the hands of God, and there is a dreadful significance in 
the mouth of the Christian who prays in the ^'Our Father" 
^'forgive us our trespasses as we forgive them who trespass 
against us." 

(/) When anger is aroused, a man must refrain from every 
word and act until he has mastered it. 

7. Against sloth : — 

(a) God's abhorrence of spiritual sloth: '^ I would that thou 
wert cold or hot," etc. (Apoc. iii. 15, 16.) 

(h) Consideration of the shortness and importance of human 
life; and, on the other hand, the tireless zeal of the man of the 
world in his pursuit of earthly things, 

(c) The great injustice done to God by neglect of the service 
due to Him — for man is the servant of God ! 

(d) Regular order in life: establishing an order of the day; 



DUTY OF SUGGESTING REMEDIES AGAINST RELAPSE 459 

in the morning renewal of the determination to avoid all idle- 
ness ; in the evening, rendering account to one's self of how the 
day has been spent. ^^^ 

In his efforts on behalf of the penitent let the confessor keep 
in mind that the conversion of a sinner is more the operation of 
divine grace than the fruit of any human activity. Let him, 
therefore, pray often for his penitents; and let him not despair 
and despond if the conversion of a sinner inured to vice does 
not immediately follow. For such conversion does not usually 
take place suddenly ; generally not for a long time, nor till after 
a hard struggle and earnest prayer. Moreover, God rewards 
his laborers according to their work, and not according to their 
success. 

335 Renter, Xeo-Confessar. P. II. cp. 1, art. 1-8, nn. 56-99. Cf. Lehmkuhl, 
1. c. nn. 448-455; Aertnys, Instr. pract. 1. c. n. 62; Theol. Mor, Lib. I. 
nn. 245-261. 



CHAPTER III 

THE DUTIES OF THE CONFESSOR AFTER THE CONFESSION 

The confessor has certain duties to perform after the confes- 
sion. These are principally two, one of which is always and per 
se incumbent upon him, viz. : the preservation of the seal of the 
confessional; while the other, the correcting of errors which may 
have occurred in the confession, may arise per accidens. 

58. The Duty of correcting Errors occurring in the Confession. 

The confessor more easily and more seriously errs in the ad- 
ministration of the Sacrament of Penance (by reason of the 
variety of the duties which this office imposes upon him) than 
in the other Sacraments. The errors here com.mitted may, 
moreover, have grave consequences. It is, therefore, necessary 
to treat of them in detail and to show how they may be cor- 
rected. 

The errors which the confessor (even the instructed and con- 
scientious confessor) may commit in the confessional are clas- 
sified under three heads: (1) Those which affect the validity of 
the Sacraw£nt : when the confessor has forgotten to give absolu- 
tion, or has given it without due jurisdiction, or to a penitent 
insufficiently prepared; (2) those which refer to the integrity of 
the confession: when the confessor has not asked concerning 
the number or circumstances when he was bound to ask; and 
(3) those relating to the duties of the penitent : when the confessor 
has not admonished the penitent to avoid some immediate 

460 



ERRORS COMMITTED BY THE CONFESSOR 461 

occasion of sin, or to make restitution, or where he has obhged 
him to restore when there was no obHgation.^^^ 

Now an error may entail great injury to the penitent, or to a 
third person, or again no great harm may result. Moreover, 
the error may have been committed through great culpability 
on the part of the confessor, or without such culpability, at least 
without great culpability. Finally, the error may be positive, 
the confessor doing something wrong; or it may be negative, 
the confessor neglecting something he should have done. 

As regards the duty of rectifying these errors, the following 
principles are to be observed : — 

I. An error touching the validity of the Sacrament, resulting 
from grave fault on the part of the confessor, and causing great 
harm to the penitent, must, ex justitia, be made good by the 
confessor, even when such reparation involves serious trouble. 

Even if the confessor is not bound in justice to hear confes- 
sions, as soon as he does so, he enters into a kind of agreement 
with the penitent to administer the Sacrament properly; if he 
administers it invalidly, he is a damnificator injustus, and must, 
ex justitia, and secundum justitice regulas, make good the injury 
he has caused. But if the fault of the confessor was only a 
slight one, he is, as regards the correction of the error, in the 
position of one who has, inculpahiliter, caused some temporal 
harm. In this case, he would be bound to make good the error 
only when he could do so without relatively great inconvenience 
to himself. And if the confessor sinned gravely in committing 
the error, he would also be excused from remedying it, if his own 
incommodum much exceeded the detriment and danger resulting 
from it to his penitent. But if, in consequence of the confessor's 
error, the penitent's eternal salvation has been seriously en- 
dangered — for instance, if he has invalidly absolved a dying 

336 Cf. Lugo, 1. c. Disp. 22, n. 50 ; S. Alph. Lib. VI. n. 619 ss. ; Ballerini, 
Op. Theol. Mor. 1. c. cp. 2, De officio et obligat. Confess, iin. 836-862; Aert-. 
nys, Theol. Mor. Lib. YI. Tract. V. cp. 4, art. 2, nn. 282-285, 



462 THE MINISTEB OF THE SACRAMENT 

person, or one who will probably not confess again before his 
death, he must remedy this injury under all circumstances, even 
cum suo damno relative gravi, or gravissimo; for this is also a duty 
of charity. Likewise when the confessor is the pastor of the peni- 
tent, and, therefore, ratione stipendii, the more strictly bound 
to avert from those committed to him great spiritual injury, 
he must cum gravi incommodo make good an error committed 
cum levi culpa. If the penitent has subsequently confessed to 
another priest, or received holy communion or Extreme Unction, 
the injury done to the penitent is thereby already made good, 
and the confessor has no further obligations.^" 

II. If the error touches the integrity of the confession, the 
confessor is not bound to remedy it outside the confessional, 
if his action in, the matter has been of a negative character; this 
error he must make good ex charitate, and secundum regulas chari- 
tatis, whether the error was culpable on his part or not. But 
if his action was positive cum gravi sua culpa, he must remedy 
the error even outside the confessional, for he is bound to do so 
ex justitia and, in consequence, even with grave inconvenience 

337 Cf . S. Alph. Lib. VI. n. 619. Lehmkuhl proposes the following case : If 
I had invalidly absolved any one — especially from grave sins — and met him 
shortly afterwards, I should be bouiid to absolve him without, however, inti- 
mating it, if I could presume that he had not committed any other grave 
sin in the meantime. Whether I should be bound to seek this person, cuvi 
gran meo incommodo^ would depend both upon the risk to the penitent's sal- 
vation, and also upon the error of which I had been guilty; I should also be 
obliged to avoid endangering the seal of the confessional. If some time 
had elapsed since the confession, I could not give the absolution till I had 
exhorted the penitent to dispose himself by a new act of contrition. To 
give such an exhortation or to make an avowal to the penitent of the error 
made in the confession, would not of itself be a breach of the seal ; for every 
penitent, whether he has confessed mortal or venial sins, is entitled to abso- 
lution. But if, on account of circumstances, it might be considered a dis- 
closing of a grave sin heard in the confessional, the confessor would be 
obliged previously to ask the penitent's permission to speak to him concerning 
matters of the confessional ; in so doing, he should explain that something 
very salutary and profitable to the penitent was in question. Lehmkuhl, 
1. c. n. 471 ; Ballerini, 1. c. n. 840. 



ERRORS COMMITTED BY THE CONFESSOR 463 

to himself. Only when this could not be done without causing 
scandal and much embarrassment to the penitent would the 
confessor be justified in not doing it. But it should be care- 
fully observed that an intentional silence must, under circum- 
stances, be regarded as a positive influence upon the penitent. 

That in the case of an omission the confessor is bound only 
ex charitate to remedy the defect is explained by the fact that 
he failed in his accessory duties, not doing that which he ought 
to have done — the obligation here arises, as the theologians say, 
not so much ex officio, as occasione officii, or not on account of a 
duty which he ow^es to God, but rather on account of a duty 
which he, titulo justitice et muneris, always owes to men. For 
these accessory duties towards our fellow-men, in so far as they 
are duties of oflftce or of quasi- justitia, do not extend beyond 
the act of confession itself.^^ 

It follows from this that such defects or errors are hardly ever 
to be corrected outside the Sacrament of Penance, for the peni- 
tent 'will, presumably, receive this Sacrament again. But if, 
by not being informed of the error, so great injury, especially 
spiritual injury, should result to the penitent that charity de- 
manded reparation of even this negative defect, the confessor 
must make the reparation even outside the confessional. For 
any other person — not a confessor — would, under like cir- 
cumstances, be similarly bound towards his neighbor. 

That a confessor should be bound ex justitia to make good 
an error committed through a positive action and cum gravi 
sua culpa, is based upon the fact that he has caused the penitent 
to infringe an important commandment (the integrity of the 
confession). Even if this infringement had been for the peni- 
tent only a material one, — therefore, not sinful, — the confessor 
would be obliged to prevent such material infringement for the 

338 Cf. Gobat, Theolog. experimental, de VII. Sacram. Tract. VII. n. 298. 
Lehmkuhl, 1. c. n. 473. Lugo, De Pcenit. Disp. 22, n. 65 seq. Suarez, De 
Poenit. Disp. 32, s. 6. 



464 THE MINISTER OF THE SACRAMENT 

future by correcting the error caused by himself. But if the 
fault of the confessor in committing the error was only a slight 
one, a lesser ground would release him from the duty of cor- 
recting the fault ; and if he acted bona fide, he is entirely released 
from it, seeing that subsequent instruction concerning the fault 
committed can never take place without embarrassment and 
difficulty.^^^ 

III. A defect having reference to a duty of the penitent, 
which causes the latter, or a third person injury, must be made 
good by the confessor cum gravi suo incommodo, if cum gravi 
sua culpa he has instructed the penitent falsely ; if he committed 
the error without great fault on his part, he is not bound to cor- 
rect it cum gravi, although he is bound cum aliquo incommodo. 
The confessor is, in this case, causa injusta damni, and has, 
therefore, the obligations of a damnificator injustus. 

The injury caused by the confessor may be spiritual, in con- 
sequence of WTong instruction, or temporal, by imposing resti- 
tution, or some similar burden to which the penitent was not 
bound. With reference to others than the penitent, the question 
will generally be one of temporal loss in consequence of the peni- 
tent having been released from his duties to them. The ques- 
tion of injury to the community at large should be remembered 
in this connection. 

If, therefore, the confessor committed the error cum gravi 
cidpa, for instance, caused some great temporal harm, he must 
repair it himself if it cannot be otherwise repaired, and 
prevent injury which has not yet ensued, but which may ensue. 
If the error took place without his fault, he is not bound to 
repair any harm which ensues before he knew of the error, 
and which could not be repaired without great detriment to 
himself. He must, however, avert injury which is still threat- 
ening, and repair that which already exists if it can be done 

389 S. Alph. Lib. VI. n. 620. 



ERBOBS COMMITTED BY THE COXFESSOB 465 

without relatively great detriment to himself. If he neglects 
this ex gravi negligentia, he is guilty of a great injustice, and is 
responsible for all harm which he did not prevent. So, if he 
has wrongly bound any one to make restitution, he must advise 
the penitent (after obtaining from him permission to speak 
about matters of confession) not to make the restitution, or if 
he has already made it, to indemnify himself compensatione 
occulta, if this be possible. If he omits, ex gravi negligentia, 
so to instruct the penitent, he is bound to make good the injury 
out of his own means, in case his warning, or the retractation of 
his error, is no longer effectual in preventing the injury, or com- 
pensating for it. But if, after becoming aware of his error, 
the confessor can no longer warn the penitent, or if the warning 
or retractation must be regarded as useless, he is free from all 
obligation. If from the first the confessor's error was fraught 
with great guilt, he is bound, if it is any way possible, to see that 
justice is done to the injured person.^*^ The same principles 
hold good if a tliird person has suffered injury, or been exposed 
to the risk of it by the fault of the confessor. If the evil conse- 
quences are sufficiently remote and the case admits of delay, 
the error may be set right in the next confession of the penitent ; 
for generally it is no easy matter to speak about anything con- 
nected with a confession outside the confessional. In cases of 
necessity, however, the confessor must brave this difficulty 
and do his duty. 

Gobat^^Vgives confessors (especially young ones) the following 
excellent rules which they should always keep in view in order to 
acquire the necessary prudence and dexterity in their office : — 

1. After he has heard a confession, the confessor should always 
reflect if, and in what, he has erred, so that he may avoid these 
faults in future. 

340 s. Alph. Lib. VI. n. 621 ; H. A. n. 122 ; Lehmkuhl, 1. c. n. 472; Aertnys, 
1. c. n. 284. 

341 L. c. n. 299. Cf. Lehmkuhl, 1. c. n. 475. 



466 THE MINISTER OF THE SACBAMENT 

2. In giving or refusing absolution, in imposing a penance, 
the confessor's first consideration should ahvays be the welfare 
of the penitent and his greater spiritual advantage. 

3. Let him be careful not to pronounce a sin mortal without 
being certain that it is so. 

4. In doubt as to whether restitution or a similar duty is to 
be imposed, let him adopt the more lenient opinion of the theo- 
logians if this is really probable. 

5. The confessor of a penitent must presume that the former 
confessor discharged his duty properly, imless he sees plainly 
the contrary. 

6. The confessor must know the different opinions of theo- 
logians upon one and the same matter when such exist and are 
practically probable, in order to make use of one or the other, 
according to the different dispositions of the penitents and their 
requirements. 

59. The Duty of preserving the Seal of Confession. 

By the seal of confession, or sigillum confessionis sive sacra- 
mentale, we understand the duty of preserving silence concern- 
ing everything which has been learnt in sacramental confession. 

I. The duty of preserving the seal of the confessional is based 
upon natural and divine law and upon the strict precept of the 
Church. It is true, God has not laid down any formal and 
express demand to preserve the seal of confession, but that this 
is His will results (naturaliter) from the divine institution of 
confession, and especially from the commandment wliich obliges 
all the faithful to confess all their mortal sins, but which binds 
them only to confess their sins in secret (secreto). Now this 
general law to confess all, even the gravest and most secret 
sins, would assuredly be too burdensome to the faithful ; indeed, 
its observance would become simply morally impossible if con- 
fessors were not bound by the strictest obligation to preserve 
the seal of the confessional. Danger to human Ufe and the 



DUTY OF PRESERVING THE SEAL OF CONFESSION 46? 

social order, would, in fact, be inevitable if this duty did not 
exist. Thus the seal of the confessional seems to be an indis- 
pensable condition of the observance of the commandment to 
make full confession of sins. But he who prescribes an end must 
also prescribe the means necessary to that end. And if every 
man is bound to preserve a secret confided to him, a confessor 
is still more bound, under all circumstances, to maintain silence 
concerning sins which have been confessed to him as secretum, 
seeing that so much depends upon his fidehty in this respect, — 
the sanctity, the usefulness, and the blessings of the holy Sacra- 
ment of Penance.^^^ Moreover, the duty of preserving the seal 
of the confessional is imposed by an express law of the Church, 
which has existed in constant tradition, and is thus expressed 
by the IV. Council of the Lateran : ^^^ Let the confessor beware 
of betraying the sinner in any way, by a word, or a sign, or by 
any other means ; but if he should stand in need of wiser counsel 
let him ask for it without, in any way, indicating the person. 

II. It results also from the above that the obligation of the 
seal belongs to the virtue of religion. Breaking it is an abuse of 
a Sacrament, therefore, rightly regarded as a kind of sacrilege; 
however, it must not be confessed under the general designation 
of a sacrilege, but as a breach of the seal of confession, in order 
that the ultimate and full species of the sin may be recognized. 

Inasmuch as the confessor, ex officio, listens to the confession 
of the penitent, he is bound, ex fidelitate, to silence concerning 
everything which the interest of the penitent demands that he 
should keep secret. Finally, breaking the seal of confession 
would, in many cases, be a defamation of the penitent, and 
would, therefore, be an injustice. It is thus of its nature a very 
grave sin, a sacrilege, which is generally accompanied by injury 
to reputation and breach of faith.^** 

III. The obHgation of the seal is a very strict one, admitting 

342 S. Alph. Lib. VI. n. 635. Lugo, De Poenit. Disp. 23, nn. 1-16. 

343 Cap. 21. 344 s. Alph. Lib. VL n. 635. Cf. Balleriui, 1. c. n. 902. 



468 , TBl^ MINISTER OP THE SACRAMENT 

neither parvitas materice per se, nor aiiy exception: only when 
the penitent has expressly and voluntarily given permission 
would it be allowable to disclose anything heard in confession, 
and even then prudence will generally dissuade the confessor 
from making use of the permission. ^^^ 

St. Alphonsus teaches,^^^ as sententia certissima, that never, 
and in no case, is the shghtest disclosure of the secrets of the 
confessional permitted, not even to save one's Hfe, to save the 
state, or to remedy the greatest spiritual necessity. The reason 
for this most stringent obhgation is clear. If there were only 
one exception made, people would always be in a state of fear 
that this or that sin might be sufficient ground for lawfully 
breaking the seal, and the Sacrament would thereby become 
odious.^^^ 

When, therefore, the confessor is asked concerning anything 
which he has learnt in the confessional, he must, per se, repri- 
mand the questioner, reminding him that such questions are 
quite inadmissible. If, however, he can see no other effectual 
way of evading the question or of averting suspicion from the 
penitent, he can and must declare, even upon oath, that the 
penitent has not confessed to him what is in question, that he 
knows nothing at all about it. Such a statement is not a lie 
nor is it, in consequence, a perjury if made upon oath, for it is 
a case of la\Vful use of the implicit reservation that the confessor, 
as a private individual, — the only capacity in which he can be 



3^^ The duty is here considered in so far as it belongs to virtus religionis ; 
for the defamation arising from breaking the seal may be very slight, or 
wholly absent, and the breach of confidence may easily be of small signifi- 
cance. But levitas periculi of breaking the seal is by no means to be con- 
founded with parvitas materice ; for there exists no duty to avoid every slight 
and improbable danger of breaking it ; this would cause too great anxiety 
of conscience. Nevertheless every confessor will be very careful to preserve 
this seal intact. Cf. S. Alph. 1. c. nn. 633, 661. 

346 L. c. n. 634. 

34" S. Alph. 1. c. nn. 634, 635, 651 ; H. Ap. n. 147. 



DUTY OF PRESERVING THE SEAL OF CONFESSION 469 

expected to answer, — has no knowledge of a subject revealed 
to him as a representative of God.^^^ 

And should the confessor be asked if he has given absolution 
to a penitent, let him answer, ^'I did what it was my duty to 
do," or, still better, dismiss the questioner with the answer, 
''Such questions are not allowed." If he had not given the 
absolution and was asked by a priest or other cleric if the peni- 
tent might receive holy communion, he must answer, '^Ask 
him yourself." ^^^ 

Concerning the penitent's permission to speak about the con- 
fession, St. Alphonsus teaches as follows: 1. This permission 
must be given in words, or by facts which convey it, as, for 
instance, when the penitent himself begins to talk to the con- 
fessor about something said in the confessional. This permis- 
sion may not be presumed even if it were for the penitent's 
own welfare.^^^ 

2. Permission obtained by threats or metus reverentialis does 
not suffice ; for instance, if the confessor has obtained it through 
repeated requests, the penitent having at first refused it.^^^ 
3. The penitent can recall the permission which he has given 
at his pleasure.^^^ 4. When the confessor has obtained the per- 
mission let him be very careful not to overstep the limits laid 
down by the penitent.^^^ 

IV. The duty of preserving the seal of the confessional thus 
differs from that of preserving any other secret in the following 
points : (a) It does not admit parvitas materioe; (h) it exists 
even with regard to the person who has confessed, or whom the 
secret concerns; (c) it never admits of any exception.^^^ 

348 S. Alph. 1. c. ; Lehmkuhl, 1. c. n. 457 ; Aertnys, 1. c. n. 288. 

349 S. Alph. H. Ap. n. 148; Lib. III. n. 153. 

350 S. Alph. 1. c. Lib. VI. n. 651. 

351 S, Alph. 1. c. n. 651 ; H. Ap. n. 156. 

352 S. Alph. I.e. n. 651. 

353 Cf. Ballerini, Op. Theol. Mor. 1. c. n. 976 ss. 

354 Cf. Lehmkuhl, 1. c. n. 455. 



470 THE MINISTER OF THE SACBAMENT 

V. The duty of secrecy attaches to every really sacramental 
confession; that is, confession made with the intention of accus- 
ing one's self and of obtaining absolution. Therefore, (a) con- 
fession knowingly made to a cleric or a priest without jurisdiction 
does not impose the duty of silence, but only the obligation of 
the natural secret, excepting, however, the case where the peni- 
tent intended that the priest should obtain jurisdiction, and 
afterwards give him absolution. The duty of the seal would 
also come into effect if the penitent believed that the priest to 
whom he confessed had jurisdiction, (h) If a person informs a 
confessor of the state of his conscience not with the intention 
of receiving absolution, but for the purpose of obtaining advice 
or instruction for his spiritual hfe, or for some other object, 
there is no obligation of the seal, but only of the secretum natu- 
rale and commissum; though of this class of secrets it is unques- 
tionably the most binding. The same principles would apply 
if a person said that he made the disclosures concerning himself 
only sub sigillo. But there is always this difference between 
the case mentioned and the seal of the confessional, that here 
parvitas matericB is admissible, and that the secret is, of itself, 
not violated by any reference to the person concerned.^^^ (c) A 
pretended confession, made for the purpose of deceiving, or 
seducing, or ridiculing the priest, does not impose the duty of 
the seal, and the priest might, at the call of circumstances, 
make use of knowledge thus obtained, in his defense. On the 
other hand, a confession begun with the honest intention of 
receiving the Sacrament, but during which the penitent allowed 
himself to be carried away and influenced by some sinful purpose, 
would impose the duty of the seal, since such confession was, at 
least in part, sacramental. ^^^ (d) Finally, a confession, or rela-' 
tion of sins made for some other purpose would not impose it, 
though, under circumstances, the duty of the strictest secretum 

355 Cf . S. Alph. Lib. VI. n. 636 ; H. A. n. 156. 356 s. Alph. 1. c. 



THE SUBJECT OF THE SEAL OF CONFESSION 471 

naturale et commissum may ensue. The confessor is also for- 
bidden to make use of a probable opinion in matters which 
come under the seal, whether the prohahilitas be facti or juris. 
The prohahilitas facti would turn on the question whether it is 
probable that the confession made was sacramental or not; 
in neither case have I any right to say or do anything which 
might possibly amount to a breach of the seal. The prohahili- 
tas juris exists when authors disagree as to what constitutes an 
infraction of the seal ; here I may not adopt any form of action 
or speech which on sohd probable grounds would mean a breach 
of the seal, or tend to make the Sacrament odious to the faith- 
ful. On the contrary, it must be morally certain that the utter- 
ance or action in question excludes all danger of disclosure 
and of aversion to the Sacrament.^" 



60. The Subject of the Seal of Confession. 

The duty of preserving the seal of confession binds, in the first 
place, the confessor who hears the confession. It devolves also 
upon all who, by lawful or unlawful means, have acquired knowl- 
edge of that which falls under the seal; otherwise the penitent 
would not be sufficiently protected, and might be deterred from 
approaching the Sacrament. This extension of the duty of 
the seal was certainly in the intention of Our Saviour. ^^^ 

In addition to the confessor, therefore, the following are bound 
by the seal of the confessional : (a) the Superior to whom the 
penitent or the confessor (with permission of the penitent) had 
recourse either verbally or by writing, in a reserved case, or a 
similar matter; (b) any one employed as an interpreter in a 
confession; (c) the theologian whom the confessor consulted, 
either verbally or by writing, in a difficult case, and especially 

35- S. Alph. Lib. VI. n. 638 ; H. Ap. n. 164 ; Gury-Ballerini, Notse ad Gury, 
II. n. 650; Lehmkiihl, 1. c. n. 458; Balleriui, Op. Theol. Mor. 1. c. n. 901 ss. 
358 S. Alph. 1. c. Lib. VI. nn. 645, 648. 



472 THE MINISTER OF THE SACRAMENT 

any person to whom the confessor in any way communicated 
matter learnt in the confessional — whether that communica- 
tion was made sacrilege vet imprudentur, or in a lawful manner 
— excepting when the penitent has, perhaps, widened the limits 
of his permission.^^^ If, therefore (for example), the confessor, 
in behalf of the penitent, should ask for a remission of debts, 
and, in doing so, with the penitent's permission, discloses to 
the injured person the sin of theft, etc., the latter possesses the 
knowledge of this theft under the seal of the confessional; for 
it is in the penitent's power to give permission to propagate 
information received by the confessor in the confessional, either 
under the same seal, that is, in the same manner as the confessor 
possesses it, or in some less stringent manner.^^^ (d) He who, 
either accidentally or purposely, has heard the confession of 
another, and those who, through him, have obtained knowledge 
of a sin so heard. Deliberately to overhear the confession of 
another is, of itself, a breach of the seal, (e) Wlioever reads a 
piece of paper upon which the penitent has written his sins 
may be bound either under the seal, or to the natural secret 
only. He is bound under the seal : (1) if he should read the 
written confession in actu confessionis, especially, if it is already 
handed to the confessor for the purpose of confession; (2) if 
he found it in the confessional, having been left there by the con- 
fessor, ^^for this knowledge is none other than that of the con- 
fessor"; (3) if he snatched it from the hand of the confessor 
to whom the penitent had handed it ; (4) if it had been snatched 
from the hands of the penitent while he was confessing, or had 
fallen from his hands; (5) if writing the confession is, for the 
penitent, the necessary means of making a complete confession, 
reading this writing before the confession also imposes the obli- 
gation of the seal ; (6) this holds good in every case after the con- 
fession, before the document has so far returned to the penitent's 

859 S. Alph. 1. c. n. 647 ; Stotz, 1. c. Lib. II. n. 199. 

860 Cf. Lugo, i. c. Disput. 23, n. 29. 



THE OBJECT OF THE SEAL OF CONFESSION 473 

possession that he has voluntarily preserved it when he might 
have destroyed it; (7) whosoever reads the letter in which per- 
mission is asked of a Superior to absolve from a reserved case, 
as this belongs to the confession. 

On the other hand, whoever reads the written enumeration 
of the sins of others is bound to the natural secret only : (1) if 
the penitent, after completing his confession, had voluntarily 
left the document behind, had thrown it away, had not destroyed 
it; and (2) if the penitent, without exactly intending to make 
his confession, had written down his sins, and this document 
is read prior to the confession. Though in this case the obhga- 
tion of the natural secret only comes into force, it is the strictest 
of its kind.^^^ The penitent is not bound by the seal to be silent 
about what the confessor has said to him; but he is bound to 
natural secrecy concerning everything the revelation of which 
might injure the confessor or the Sacrament; indeed the peni- 
tent is more strictly bound to silence, because the confessor, 
unlike other men, does not impart advice and instruction spon- 
taneously but in virtue of his office.^^^ 

61. The Object or Matter of the Seal of Confession. 

The object of the seal of confession is, in general, everything 
the reveahng of which would make confession odious. This is 
a natural deduction from the end of the law and from a decision 
of the S. C. Inquis. given under the authority of Innocent XI, 
Nov. 18, 1682, by which a proposition was rejected permitting 
the use of all information obtained in the confessional, as long 
as no direct or indirect revelation takes place, ^^^ 

361 S. Alph. 1. c. Lib. Vr. n. 650. Cf. Lugo, 1. c. Disp. 23, n. 47 ss. Lay- 
maim, De Poenit. cp. 14, n. 19. Ballerini, Op. Theol. Mor. 1. c. cp. 3, n. 
971 ss. 

362 S. Alph. 1. c. n. 647. Cf. Suarez, De Poen. Disp. 33, Sect. 4, n. 2 ; Bal- 
lerini, 1. c. n. 975. 363 s. Alph. 1. c. n. 657. 



474 THE MINISTER OF THE SACRAMENT 

Objects of the seal are : — 

1. All sins; mortal and venial sins both of the penitent and 
of his accomplice (complex) ; ^^* indeed, notoriously public sins, 
also, in so far as they are known through the medium of confes- 
sion. Not only mortal and venial sins in individuo, but also 
omnino in genere. It would be no breach of the seal to say, in 
a general way, that the penitent had committed venial sins or 
only venial sins, especially as the penitent himself, by going to 
confession, practically tells every one that he has committed some 
sin, at least a venial sin ; and it is, moreover, a matter of faith 
that no man can remain free from all venial sin, unless he has 
received a special privilege from God, and the Blessed Virgin 
alone is known positively to have possessed such a privilege. 

2. The objects and circumstances of the sins, and not only that 
which it is of precept to confess, but also that which the peni- 
tent believed necessary for the better explanation of his sins. 
For example, if a son confesses that he hates his father because 
the latter has committed adultery, the adultery of the father, 
although not a necessary part of the confession of the son, is, 
nevertheless, an object of the seal; or when the penitent con- 
fesses a murder at which he has rejoiced, a duel which he has 
witnessed, etc. ^^^ 

3. The penance imposed, except when this is a small one such 
as is generally imposed for the slightest sins; for a more severe 
penance indicates that graver sins have been committed. 

4. Temptations, because they stand in relation to sins, in so 
far as the penitent doubts if he has consented to them, or asks 
advice of the confessor in order not to yield to them. 

5. Defects, which are confessed in explanation of a sin; for 
example, illegitimacy, where a penitent has received Orders, 
in opposition to the law of the Church. Natural defects of the 

364 Cf. Ballerini, 1. c. n. 926 ss. ; Lugo, 1. c. Disp. 23, n. 68. 
8«5 Cf. Ballerini, Op. Theol. Mor. 1. c. nn. 947-948 ; Lugo, 1. c. n. 54 ; Suarez, 
1. c. Disp. 33, Sect. 3, n. 5. 



THE OBJECT OF THE SEAL OF CONFESSION 475 

penitent also, in so far as they are known through the confes- 
sional, and tend to his disgrace (for instance, defective educa- 
tion, stupidity, etc.), are objects of the seal. But if these do not 
stand in any relation to the confession, or if the penitent would 
not resent their being made known, and if they are matter of 
general knowledge already, they are not objects of the seal.^®^ 

6. The penitenfs position in life may be, ex se, an object of the 
seal, in so far as information about it is necessary in order to 
explain the sins according to their ultimate species. Never- 
theless, it may be assumed that this information, even when 
thus necessary, is not given to the confessor sub sigillo, but rather 
prcevie. If it is a question of a position known to every one 
(though perhaps not known to the confessor) the penitent does 
not intend to include this knowledge under the seal. But it 
is a different matter when, on account of certain circumstances, 
the penitent attaches importance to his incognito. It is cer- 
tainly not allowed so to speak of the position and circumstances 
of the penitent so as to indicate thereby that he had sinned 
against individual duties of his position.^^^ 

7. Scruples, or the scrupulosity of the penitent, may be an 
object either of the seal, or of the natural secret, (a) The 
scruples themselves which the penitent confesses are, of course, 
direct objects of the seal, in so far as they are considered by him 
to be sins. (5) The scrupulosity which the penitent confesses 
as a circumstance of his sins — or in order to give a better idea 
of his spiritual state — is likewise an object of the seal, (c) To 
say in a general way that the penitent has confessed many scru- 
ples, violates the seal in the same way as to disclose that he 
has confessed several venial sins, real or supposed, (d) On 
the other hand, the scrupulosity which is only perceived in the 
manner of expression is not matter of the seal, but, per se, of the 

366 Cf. Ballerini, 1. c. nn. 956-960. 

36- Cf. Renter, Theol. Mor. Tom. IV. n. 377; Lugo, 1. c. n. 57; Sporer, 
De Poenit. n. 833 ; Lehmkuhl, 1. c. n. 460. 



476 THE MINISTER OF THE SACRAMENT 

natural secret which obUges the more strictly as the knowledge 
obtained is more intimately connected with the confession itself .^^^ 

8. Sins committed in the confession itself, for example, impa- 
tience, not showing the confessor due reverence, etc., are, per 
se, not objects of the sigillum, because the penitent does not con- 
fess them; nevertheless, making them known might easily, 
and generally will, involve danger to the seal; for these sins 
suggest a severe reprehension or a refusal of absolution.^®^ 

9. Virtues or supernatural gifts which the penitent discloses 
in order that the confessor may learn the state of his soul, are 
not, per se, objects of the seal; but if they are disclosed inas- 
much as they have reference to a sin, they are matter of the 
sigillum.^'^^ 

62. Violations of the Seal. 

The seal of confession is, in the first place, violated by every 
communication of those things which are matter of the seal if 
the penitent is recognized, or if there is a danger of his being rec- 
ognized. Moreover, every use of things falling under the seal 
which is calculated to make confession odious, or to cause the 
penitent annoyance and detriment, is also a breach of the seal. 

A distinction is, accordingly, to be made between direct and 
indirect violation of the seal; it is directly violated when any 
matter of the seal itself is directly disclosed and the person of 
the penitent indicated; it is indirectly violated when revelation 
of matter of the seal involves only risk of discovery of the peni- 
tent or danger of harm to him. In the indirect violation there 
may be parvitas materice; that is, when, through the communi- 
cation or the use of that which was learnt under the seal only 
very slight danger of recognition would be incurred, as when the 

368 Cf. S. Alph. 1. c. n. 644 ; Lugo, 1. c. n. 60 ; Lehmkuhl, 1. c. n. 460 ; Aert- 
nys, I. c. n. 293; Ballerini, 1. c. n. 960. 

369 Cf. S. Alph. 1. c. iin. 643, 659 (in fine) ; Ballerini, Op. Theol. Mor. 1. c. 
n. 959. 870 s. Alph. 1. c. n. 641. 



VIOLATIONS OF THE SEAL 477 

confessor speaks of the sins prevalent in some particular town 
or place without the inhabitants of the place becoming, thereby, 
appreciably prejudiced against the institution of the confes- 
sional, or any particular defamation resulting. But if there is 
doubt as to whether the consequences are really so slight, such 
a proceeding must be regarded as a great sin. 

For a violation of the seal, it is not necessary that the person 
with whom the confessor speaks knows that he is making use 
of knowledge gained in the confessional; it is enough that the 
confessor should speak from this knowledge. Nor is it necessary 
that the person of the penitent should actually be recognized 
by him with whom the confessor speaks; it suffices that the 
circumstances should be such that the identity of the penitent 
emerges sufficiently distinct from what the confessor says, or 
that the person of the penitent may possibly be recognized, or 
that well-founded suspicion could arise. As the faithful preser- 
vation of the seal is of the highest importance, the confessor 
must always be very careful that penitents do not become averse 
or disinclined to the confessional. Nevertheless he is not bound 
to avoid every trivial danger, and to anticipate every idle con- 
jecture of malicious people.^^^ In view of their supreme impor- 
tance, we here subjoin a few cases of violation of the seal, as 
discussed by eminent theologians. 

1. A priest indirectly violates the seal: (a) if he says or 
intimates that he refused or deferred absolution to a certain 
penitent, because he, thereby, implies that the penitent had 
confessed a grave sin, or had not been disposed; or if he says 
that a certain penitent's confession had not been finished — 
unless it were generally known that this confession was a general 
one, or one concerning a long space of time, so that there can be 
no embarrassment on the part of the penitent. Indeed, Lugo 
adds that even if the penitent himself were to say that he had 

871 S. Alph. 1. c. n. 661. Cf. Stotz, 1. c. Lib. II. art. V. s. 1-8. 



478 THE MINISTER OF THE SACRAMENT 

not been absolved, the confessor must not take the hberty of 
repeating it."^ {h) If he said of a notorious thief that the latter 
had confessed his thefts to him with great sorrow. The case 
would be different if without entering into detail he were to 
remark that the same thief had made his confession to him.^^^ 
(c) If he praises excessively some penitent in comparison with 
others whom he heard at the same time, or says that he com- 
mitted venial sins only, suspicion being thus easily excited 
that the others had confessed grave sins. An exception would 
be if there were some particular ground for so speaking, with- 
out offense to the other penitents, and without danger of inju- 
rious suspicion.^"^^ {d) If two confessors, to whom the same 
penitent had confessed, talk together concerning his sins, (e) If 
he reproves the penitent aloud, questions him concerning cir- 
cumstances of the sins, so that bystanders can hear it. 
(/) If, after having heard the confessions of some few penitents, 
he should say that he had heard a particular sin — for the in- 
dividual penitents fall under suspicion of having committed 
this sin. {g) If he speaks of sins which he has heard in the 
confessional in such a way that those who hear him can infer 
or conjecture the identity of those who committed them, {h) If 
he speaks of sins learnt outside the confessional, but adds 
a circumstance learnt only in the confessional, or makes use of 
knowledge gathered in the confessional for the purpose of speci- 
fying or corroborating some statement. {%) If, without the 
penitent's permission, he speaks to him outside the confessional 

2^2 Lago, 1. c. n. 61 ; Lacroix, Renter, and Stotz, however, explain the 
matter thus : The confessor is not ordinarily allowed to say that the penitent 
liad not been absolved; but if the penitent were to say casually, in presence 
of the confessor and others, that he had not been absolved, 2:>ermission would 
thereby be given to the latter to say it also ; but the confessor is by no means 
allowed to disclose the reason for refusing the absolution, if the indisposi- 
tion of the penitent has been the motive of it, or if the disclosure is in any 
way unpleasant to the penitent. 

^^8 Cf . Lugo, 1. 0. n. 61 ; Renter, 1. c. n. 378. 874 s. Alph. H. Ap. n. 156. 



VIOLATIONS OF THE SEAL 479 

about his sins heard in the confessional. Where the penitent 
himself begins, the confessor may only speak about the particular 
subject to which the penitent confines himself. Likewise if, 
after the confession, the priest's demeanor shows that he remem- 
bers his sins and esteems him less highly than before, (k) If 
he should intimate that the penitent had not confessed a par- 
ticular sin, because, thereby, suspicion might easily arise that 
he had actually concealed a sin.^^'^ 

2. As a general rule it is allowed to speak vaguely of sins heard 
in the confessional in such a manner that there is no danger of 
recognizing the person, and no suspicion is aroused against any 
persons. In this, however, scandal to lay people is to be care- 
fully avoided, for they readily believe that speech of this kind 
is a violation of the seal, and may, thereby, be deterred from 
approaching the confessional; nor should one be too easily 
persuaded that there is no fear of any danger in the matter. 
Confessors, therefore, should not be too ready to talk much 
about what they have heard in the confessional; for such talk, 
when often indulged in, is not quite free from the danger of a 
slip beyond what is permissible and of awakening suspicions 
in the hearers. Indeed, before laymen such talk must be alto- 
gether avoided."^ 

No violation of the seal is, therefore, in question : (a) when 
the confessor says that ^^ Titus confessed to him"; only Titus 
must not then have come to him secretly, for from this cir- 
cumstance it might be inferred that he had a bad conscience ; 
(6) when he praises the conscience of a penitent ; but he must 
not, on account of possible circumstances, awaken thereby the 
suspicion that others, who confessed to him at the same time, 
have bad consciences ; for it might be that if he were questioned 
concerning another penitent, he could not maintain the same 

3-5 S. Alph. 1. c. n. 657 ; Guiy, 1. c. nn. 665-666 ; Ballerini, Op. Theol. Mor. 
1. c. n. 983. Cf. 976 ss. 

3-6 S. Alph. 1. c. nn. 657, 638. 



480 THE MINISTER OF THE SACRAMENT 

tone of praise. ^^^ (c) If, immediately after absolution, before 
the penitent leaves the confessional, he speaks to him of what 
he has then and there heard, for though the Sacrament has been 
administered, the judicial act still morally continues."^ (d) If he 
speaks to the penitent during confession of his sins of another 
confession, for, in adu confessionis, the penitent has no right 
to the preservation of the seal; but even this the confessor 
should not do without reason, for it is troublesome to many 
penitents, (e) When he prays for a penitent, even if he only 
knows him through the confessional, or treats him more leni- 
ently (or otherwise) on account of the state of his soul learnt 
in the confessional; when he makes use of knowledge acquired 
in the confessional in order to ask learned and experienced con- 
fessors for advice,^'^ or to perfect his own work in the confessional, 
to be able to question better, to instruct better, and more effi- 
caciously to watch over those committed to his charge. 

The confessor does not violate the seal by saying that a cer- 
tain vice is prevalent in some place, town, or parish when this 
place or parish is of considerable size (St. Alphonsus assumes 

377 S. Alph. H. Ap. n. 156. 

378 S. Alph. 1. c. Lib. VI. n. 652. 

379 It is not necessary to tell those whom one consults for advice that the 
case occurred in the confessional, nor should the matter be discussed pub- 
licly before many, but only before those who are capable of giving suitable 
advice. Mazzotta adds another notable limitation (Tract. 'VI. Disp. 2, Q. 5, 
c. 2) : " Therefore, let confessors ask judicious men everywhere for advice 
in cases which have come before them in the confessional, and, in so doing, 
conceal the name of the penitent. But they have no right to do so if any 
suspicion should fall upon the person in question, or were there even a 
danger of this." But what is to be done in the latter case when the con- 
fessor requires advice? Let him either present the case as an imaginary 
one, or let him request permission of the penitent to make use of the knowl- 
edge gained in the confessional, or let him seek a judicious man to whom 
the penitent is unknown, or let him send the penitent to another confessor. 
If none of these methods can be used without breaking the seal, let him 
trust to the divine assistance, employ other suitable means, — such as prayer 
and study, — and then let him solve the difficulty himself in the best way 
he can. 



VIOLATIONS OF THE SEAL 481 

three thousand Catholics as the population) and when it is a 
question of vices which are public, and no new defamation arises. 
On the other hand, it would be a violation of the seal if (a) by 
this statement concerning the sins, or by the manner of it, the 
parish, etc., were defamed, and (h), in any case, if the place were 
small. Hard and fast limits cannot be laid down to determine 
when a serious breach of the seal takes place, and when such 
revelations would be quite permissible; each case must be 
carefully considered and weighed, in order to learn if any, or 
a grave, or only a slight, violation is in question. A preacher, 
therefore, has a right to speak against vices which are secretly 
very prevalent in a parish, and if he has obtained his knowledge 
of them outside the confessional, he can speak of them with 
still greater freedom; but he should always employ a wise cau- 
tion, so as not to awaken suspicions injurious to those who 
confess to him.^^" 

In deciding whether violation of the seal of the confession is 
committed when a confessor says that he has heard a grave sin 
in the confessional from a religious of some particular Order, 
without designating the individual, the following circumstances 
must be considered: (a) whether, from the nature of the sin 
referred to, defamation of the Order results or not; (b) before 
what persons the statement was made, as this circumstance usu- 
ally determines the quality of the defamation; (c) whether, 
from the statement itself, or from the circumstances, suspicion 
falls upon the occupants of a few houses. From this it can be 
inferred if a grave violation of the seal, or a slight one, or none 
at all, has taken place; but it is very unlikely that no violation 
of the seal at all has been committed by such a communication. 
The confessor of a convent would, accordingly, break the seal, 
if, while preaching in the convent, he should signalize a particu- 
lar sin of a nun, or of that convent, which he knew only through 

380 S. Alph. 1. c. n. 654; H. Ap. n. 158. 



482 THE MINISTER OF THE SACRAMENT 

the confessional. On the other hand, he would not break it if 
he were to speak generally of defects which usually occur, or may 
occur, in all convents ; otherwise a priest who heard confessions 
in a convent could never preach there, and such a prohibition 
would be contrary to the general usage.^^^ If the confessor 
knows through the confessional that snares are being prepared 
for him, he may, under some pretext, go away, or provide for 
his safety, if by so doing the sin confessed does not become 
known, nor any detriment ensues to the penitent by which the 
confessional would be rendered odious; if, however, he cannot, 
without breaking the seal, escape or evade the snares prepared 
for him, nor avoid an objective sacrilege, he must rather endure 
or permit his death and the sacrilege than break the seal. Nev- 
ertheless, he can, and must, exhort and bind the penitent in 
the confessional to give him permission to make use of this 
knowledge. ^^^ 

It is not allowed to Superiors to make use of knowledge gained 
in the confessional in the external government of those under 
them, or to adopt any course of action which is in any way 
odious to the penitent, or which would make the confessional 
odious. Hence it is not allowed to a Superior, in consequence 
of knowledge obtained through the confessional, to alter an 
arrangement which he has once made, or which he had deter- 
mined upon only in his mind; but the case may occur in 
which he may inform the penitent in the confessional that he 
had intended to make certain arrangements, but that he now 
begs his permission to recede from this intention.^^^ 

Accordingly, it is never allowed to a confessor to remove from 
his office a subordinate whom he knows through the confes- 

381 S. Alph. Lib. VI. n. 654; H. Ap. n. 157. Cf. Ballerini, Notse ad Gury, 
II. n. 666, et Op. Theol. Mor. 1. c. n. 987 ss., et Vindiciae Alphoiis. Par. V. 
Q. 24; Lehnikuhl, 1. c. n. 469; Aertnys, 1. c. n. 297, Q. II. 

882 S. Alph. 1. c. n. 659 ; H. A. n. 161. Cf. Lugo, 1. c. 

383 Cf. Decret. Clementis VIII. 26 May, 1594 et Deer. S. C. Inq. 18 Nov., 
1682 (auctor. Innoc. XI). Cf. Gury, IT. Ed. Ratisb. u. 670. 



VIOLATIONS OF THE SEAL 483 

sional to be unfit for it, to deprive him of his vote at an election, 
to forbid him the Sacraments, to withdraw from him any tokens 
of good-will formerly shown, to look at him askance, to take 
from him keys which he formerly held or to hide those which 
he was in the habit of leaving about, etc. But if the confessor 
obtained this information otherwise than in the confessional, 
he may make use of the knowledge otherwise obtained; but 
then this information must really move him to his course of 
action just as if he had had no knowledge of the unworthiness 
of the subordinate through the confessional.^^^ 

Where it is customary to give a ticket to testify that confes- 
sion has been made, the confessor must confine himself to stat- 
ing merely that he has heard the confession, and he must not 
state that he has given absolution to the penitent; for if he 
invariably attested that the penitent had been absolved, he 
would be committing himself to a lie, in cases where he had not 
absolved; if, again, he testified to having absolved those whom 
he had absolved, and to not having absolved others to whom he 
had refused absolution, he would, indirectly, violate the seal of 
the confessional. 

And if the confessor should refuse the ticket to an ill-disposed 
penitent who had made a sacramental confession, he would also 
violate the seal in the following cases : (a) where the penitent 
asks for this ticket outside the confessional, and (b) when it is 
given to all penitents, or when it is demanded by the penitent's 
Superior, as at Easter time, for example. But if the penitent 
had no intention at all of making a sacramental confession, but 
only made pretense of confession in order to procure his ticket, 
for instance, in order to escape punishment from a teacher, or 
to contract a marriage, the ticket must be refused to him.^^^ 

384 Cf. S. Alph. 1. c. nil. 656-658 ; Ballerini, Op. Theol. Mor. 1. c. n. 1000; 
Lugo, 1. c. Disp. 23, n. 93. 

385 S. Alph. 1. c. nn. 639 et 661. Cf. Gury, II. Ed. Ratisb. nn. 660, 661; 
Ballerini, Op. Theol. Mor. 1. c. n. 916; Laymann, De Poenit. cp. 14, n. 8; 
Sporer, De Poen. n. 839; Lacroix, Lib. VL P. IL n. 1914. 



484 THE MINISTER OF THE SACRAMENT 

If a confessor knows only through the confessional the bad 
state of a man's conscience, he must not on that account refuse 
to hear his confession; he would only be allowed to do so if he 
had previously, from another motive, resolved never to hear his 
confession again, because such a refusal would make the con- 
fessional odious both to the penitent and to others who should 
come to hear of the confessor's behavior.^^^ 

But how is a confessor to behave who learns from the confes- 
sion of an unmarried woman who is near death that she is preg- 
nant, this fact being quite unknown to others? Here may be 
question of the Baptism of the child after the death of the 
mother, before it is born. If a month has passed since concep- 
tion, the confessor must induce the penitent to make known her 
condition, after confession, to some other person, to her mother, 
perhaps, or to the doctor (if the latter is a good Catholic, or a 
believer) in order that, after her death, the child may be at once 
brought into the world and baptized; for she must prefer the 
Baptism of the child, as a higher good, to her own reputation. 
If she refuses to disclose the matter, the confessor should induce 
her to communicate it to him outside confession, in order that 
he may inform her parents and the doctor of it after her death. 
But here great caution is necessary, lest others should be led to 
believe that he is breaking the seal. Hence he should persuade 
the sick person to make a written statement of the case, if she 
is able to do so, or he can do it for her ; she should then give it 
sealed to a third person who is to open it immediately after her 
death. 

If she will not consent to this plan, the confessor should ab- 
stain from pressing her great responsibility in case she should 
be invincihiliier ignorant of it, or, perhaps, be persuaded that 
the foetus will not survive her; for otherwise, in his endeavor 
to save the soul of the foetus, he would incur the risk of ruining 

386 s. Alph. 1. c. n. 659 ; H. A. n. 160. Cf. Ballerini, 1. c. n. 1012 ss. 



VIOLATIONS OF THE SEAL 485 

both souls, that of the mother and that of the child. But abso- 
lution can be given to the sick person unless she is undoubtedly 
ill disposed — which will seldom be the case. Finally, if the 
confessor knows the condition of the sick person only through 
the confessional and cannot obtain her permission to make it 
known, he must maintain perpetual silence, come what may. 
For the duty of the seal does not cease with the life of the peni- 
tent.'^' 

As the binding force of the seal exists only for the benefit of 
the penitent, the penitent may cancel or modify this obligation, 
but he alone has this power. This permission must, however, 
be given quite voluntarily. If the penitent has thus given per- 
mission to break the seal in some point, this permission does 
not extend to the revelation of his accomplices and others; the 
law of universal charity and of justice (for instance, preserva- 
tion of a good name) still remains intact, and binds the more 
strictly the more probability there is of the Sacrament being 
made odious by any suspicion. 

387 Cf. Theol. Mechlin, ii. 117, Q. 3; Aertnys, 1. c. n. 297, Q. 9. 



Section III 

THE DUTIES OF THE CONFESSOR TOWARD DIFFERENT CLASSES 

OF PENITENTS 

Having considered in the foregoing sections the essential and 
accidental duties of the confessor in general, it remains to be 
shown how these duties are to be performed in concrete cases. 
Penitents, not being of one type, require treatment according to 
their intellectual development, their moral constitution, and 
their natural dispositions, their station and circumstances of 
life. On account of the difficulties which beset confessors in 
dealing with these different classes of penitents, we propose to 
give some practical suggestions. We shall treat of persons 
placed in peculiar spiritual conditions, persons in different ex- 
ternal circumstances, and persons who on account of the great 
danger of their salvation call for special care. 



486 



CHAPTER I 

THE TREATMENT OF PENITENTS IN DIFFERENT SPIRITUAL 

CONDITIONS 

Sinful habits, and the immediate occasions of sin, are the 
nets with which the arch-enemy of mankind ensnares and holds 
innumerable souls. Especially in our own times have the occa- 
sions of sin become more numerous and dangerous, and careless- 
ness with regard to them has increased. Many souls are thus 
lost ! The more alarming this condition proves, the more should 
the priest be animated by zeal to prevent its fatal consequences. 
This requires great prudence and sound knowledge. For this 
prudence the priest must continually pray and consult wise and 
approved teachers. St. Alphonsus is recognized by all as a 
most safe guide amongst these teachers; for this eminent Doc- 
tor has been given to the Church by divine Providence in our 
days, that he might show us the middle path between opin- 
ions which are either too lax or too strict.^^^ 

Article I 

63. Sinful Occasions and the Duty of avoiding them. 

By ^'occasion of sin" {occasio peccandi) we mean, in general, a 
person, or some external object constituting for any one a dan- 
ger of sinning. It comprises two elements: an external object 
which incites to sin, and an internal inclination to sin. 

^^^ Cf . Aertnys, Tract. De praxi servanda cum occasionariis et recidivis 
Theol. Mor. II. Appendix, nn. 298-350. 

487 



488 THE MINISTER OF THE SACRAMENT 

For a right understanding, we must distinguish between the 
danger and the occasion of sinning. ^^^ 

Danger is the impulse to sin, and if this impulse proceeds 
from a person or an external object, this person, or this external 
object, is called an occasion of sin; but if the impulse to sin 
comes from within only, namely from the devil or in consequence 
of a sinful habit, it is called simply danger. ^^^ There is a danger in 
every occasion but not every danger proceeds from an external 
occasion of sin. 

1. The occasion of sin is either immediate {proximo) or remote 
{remota), according as the danger of sinning is great and prob- 
able, or slight. The immediate occasion is ^^ absolutely immedi- 
ate," when for the generaUty of mankind it presents- a serious 
and probable danger of sinning; or it is ^^ relatively immediate" 
when the danger exists for some individual person on account 
of his particular disposition. A j)er se proximo occasio may, 
therefore, be remota for a very pious and prudent man, whereas 
an occasion per se remota may be for a weak person and one 
much inchned to sin proximo. 

The existence of an occasio proximo may be inferred: (1) a 
posteriori from a sad experience that the person did, in fact, 
generally, or at least often, fall into sin whenever the occasion 
presented itself. If, however, his trespasses were notably less 
numerous than his victories, the occasion cannot be called an im- 
mediate one.^^^ (2) A priori, from the attraction of the object, 

^S9 Cf. Aertnys, Theol. Mor. Append, (ut supra cit.). Ballerini, Opus 
Theol. Moral. Tom. V. n. 167 ss. ; Note ad Gury, IT. u. 628 ss. ; Lehmkuhl, 
1. c. n. 485 ss. ; Marc, Inst. Mor. Tract. V. Dissert. III. n. 1818 ss. 

^^'^ Some theologians call that which incites to sin from within the "in- 
terior occasion," but, generally, only a person or external object is defined 
as occasio. 

391 Cf. Ballerini, Not^e ad Gury, II. n. 628, et Opus Theol. Moral. Tom. V. 
n. 167. Theologians do not agree in defining the occasio proxima. Depart- 
ing from the above definition, some teach — and in this they are in accord- 
ance with St. Alphonsus — that, "to constitute the occasio proxima, it is not 
necessary that a person should, fere seinper aut frequentius, sin in that occa- 



SINFUL OCCASIONS AND DUTY OF AVOIDING THEM 489 

from the weakness of the person, from his passion, from a sinful 
habit, from the violence of the temptation to which he is ex- 
posed in this occasion. Although sin has not yet been com- 
mitted, there is always great danger in presumptuously exposing 
one's self to violent temptation.^^^ 

It may be assumed that an occasio proxima has become remota : 
(1) when it is known from experience that the sins have become 
less, and are no longer frequent; (2) when some circumstance 
has supervened which has caused the danger to be no longer a 
great one, such as a marriage, a quarrel, etc. 

2. Furthermore, the occasion is continua, continual, seu in 
esse, or, with interruptions, interrupta, non continua, nan in esse. 
It is present interruptedly, when one is not always exposed to 
it, but only occasionally, for instance in visits to dancing 
rooms, inns, etc. ; it is present continuously when one is 
always, uninterruptedly exposed to it; for instance, in the 
case of a concubine or a servant living in the same house and 

sion, but that it suffices if he often, frequenter, falls, Sisfrequens lapsus in the 
past makes a fall in the future pi'obable," Aertnys, 1. c. n. 302, Q. 1 ; Marc, 
1. c. n. 1820; Berardi, De occas. n. 13. The f re quentia lapsuum is either rela- 
tiva or ahsoluta. Relative frequency is reckoned according to the number 
of cases in which the person has been exposed to the occasion ; so it would 
be, for instance, an occasio proxima if in twelve visits a person has sinned 
five or six times. Similarly, if a man should visit a woman only three or 
four times in two years, and generally sinned with her; or when the visit 
took place only once a year during three years and each time sin was com- 
mitted. On the other hand, the frequency is absolute when the number of 
cases is, in itself, considerable ; for instance, if two persons meet every Sun- 
day, and sin ten or twelve times in the year. However, this stricter defini- 
tion does not seem to be that of St. Alphonsus; at least he defines the occasio 
proxima in two passages of his works (Homo Apost. Tr. ult. n. 1, and Theol. 
Mor. Lib. YI. n. 452) as that in qua communiter ut plurimum dejiciunt, while 
into one definition he also introduces the frequenter peccare in contrast to 
frequentius. According to Ballerini these conflicting passages may be recon- 
ciled with each other, and Lugo's definition is, he says, the basis of the 
agreement : that constitutes an immediate occasion of which a man never, 
or scarcely ever, consideratis circumstanfiis makes use without sinning. Lugo, 
De Poenit. Disp. 14, n. 149. Cf. Yindic. Alph. n. 140, p. 942. 
302 Cf. Renter, Neo-Confess. n. 168. 



490 THE MINISTER OF THE SACRAMENT 

with whom one is accustomed to sin; an obscene statue in 
one's room. 

3. Again, the immediate occasion is voluntary (voluntaria) , 
which can easily, and without much detriment, be given up; 
and necessary (necessaria) which the person cannot, even if he 
will, remove or relinquish. The necessary occasion is either 
physically or morally necessary; physically, when the person 
absolutely cannot remove it ; morally, when it cannot be aban- 
doned or avoided without sin, or great scandal, or great detri- 
ment to honor, or property, or without placing one's self in a 
similar or worse danger of sin. 

The following principles are to be laid down respecting the 
duty of avoiding the occasions of sin : — 

I. The dut}^ of avoiding mortal sin imposes upon us the strict 
duty of avoiding also the immediate danger of mortal sin. 

He who is bound under grave sin to reach a certain end is also 
bound under grave sin to employ the means without which this 
end cannot be reached; but flight from the immediate occasion 
of sin is the morally necessary means of avoiding sin, conse- 
quently this immediate danger must be avoided. Further, as a 
man is bound by love for his own person not to expose his bod- 
ily life voluntarily to the danger of death, he is, a fortiori, bound 
by the law of charity not to expose his supernatural life volun- 
tarily to the danger of death, that is, the danger of mortal sin. 
It is, therefore, in re morali, a sin of the same kind to place one's 
self in an immediate occasion of sin, or to desire and commit the 
sin. It follows from this that a man sins grievously as often as 
he exposes himself without necessity to the immediate occasion 
of sin, even if he does not actually sin in this occasion. On the 
other hand, it is no sin to expose one's self to a remote danger 
of sinning if there is a reason for so doing, or if precautionary 
measures are taken. For such danger can be easily overcome.^^^ 

393 Cf. S. Alph. Lib. V. n. 63 ; Lugo, De Poenit. Disp.l4, n. 157 ; Sanchez, 
Decal. Lib. I. cp. 8, n. 4. 



SINFUL OCCASIONS AND DUTY OF AVOIDING THEM 491 

II. It is allowed, in case of moral necessity, to expose one's 
self to the immediate occasion of sin ; only suitable means must 
then be employed to protect one's self against the danger. In 
this case one does not love the danger, but incurs it unwillingly, 
and if a man strengthens himself by firm resolutions, prayer, etc., 
God will not suffer him to fall into sin, and in this manner the 
danger becomes a remote one. From this it results that a man 
is always bound to avoid formal danger either by flight or by 
precautionary measures. ^^^ 

III. From the duty to avoid the risk of sinning results the 
duty to avoid the immediate occasions of sinning as these imply an 
immediate danger of sinning. This same conclusion, moreover, 
follows from two propositions condemned by Innocent XI : 
^'The immediate occasion of sinning is not to be avoided when 
there is any causa utilis aut honesta for not avoiding it" (Prop. 
62). ^^It is permissible to seek directly an immediate occasion 
of sinning pro bono spirituali vel temporali nostro vel proximV 
(Prop. 3). 

On the other hand, this obligation is not incumbent in respect 
to remote occasions, because they do not present an immediate 
danger of sinning, and because it is, for the most part, morally 
impossible to avoid all these occasions; we should be obliged 
simply to leave the world, as the Apostle says (1 Cor. v. 10), for 
they occur in all circumstances. 

But it must here be observed that the occasions of sin may 
be avoided in two ways, according to the nature of the occasion. 
As this consists in an external object and an interior incHnation 
to sin, occasions can be avoided: (1) physically or materially 
by separation from the external object, and (2) morally, or for- 
mally, when the danger is neutraHzed by other means which 
weaken the interior inclination without physical separation. 
The first method must come into operation in cases of voluntary 

894 s. Alph. 1. c. Lib. V. n. 63. 



492 THE MINISTER OF THE SACRAMENT 

occasion, for he who wishes to remain in immediate occasion of 
sin has no real intention of avoiding sin. And when it is a 
question of a really voluntary immediate occasion, where there 
is frequent sinning, or violent passion, or a sinful habit, or great 
incitement to sin, no success is to be hoped without separation, 
nor will the use of remedies convert the immediate into a remote 
occasion. For a great temptation cannot be overcome without 
the help of God's grace, but God does not assist those who pre- 
sumptuously expose themselves to temptation — as experience 
often shows. This is especially true of the immediate voluntary 
occasions of sin against purity .^^^ The second method suffices in 
the case of the necessary occasion, for he who through necessity 
remains in a danger of sin, may hope for the divine help to 
avoid sin. 

From this consideration we deduce the following rules : — 

1. An occasio proxima libera of grave sin, whether absolute or 
relative proxima, must absolutely be avoided; to remain volun- 
tarily in such occasion or to seek it is itself a grave sin. 

2. It is absolutely necessary to avoid or remove an occasio 
proxima necessaria; but for him who finds himself in it there 
exists a disjunctive duty, either of employing suitable means of 
reducing it to a remote occasion, or of removing it in spite of 
all difficulties and obstacles. 

3. Not to remove a remote occasion, even when there is no 
particular reason for exposing one's self to it, is, of itself, no 
grave sin; but this occasion must remain a remote one, and he 
who finds himself exposed to it must be resolved to avoid the 
temptations possibly arising from it. For it is sometimes possi- 
ble to foresee that what is now a remote danger will very soon 
become a grave and immediate danger; in this case it is the 
confessor's duty to cut off such an occasion and to forbid it to 
the penitent lest he fall into formal sin. And when, on the 

395 cf. S. Thomas, Sumra. Theol. II. II. Q. 15i, art. 3, ad 1. 



PENITENTS IN PROXIMATE OCCASION OF SIN 493 

contrary, the danger of a certain sin is very remote and, in addi- 
tion, there is a steadfast intention not to sin, the virtue to which 
that sin is opposed does not seem to suffer, even when this risk 
is incurred without cause. If the danger is in any way consid- 
erable, and it is incurred without cause, the virtue suffers ; in a 
case of immediate danger of sin this is certainly the case.^^® But 
the venial sin which a man commits who is careless about keep- 
ing from a remote occasion increases in gravity in proportion to 
the danger. If a man exposes himself to the danger which such 
an occasion offers from a more or less weighty motive, he com- 
mits no sin at all, provided his resolution not to sin remains firm. 
4. If danger of venial sin is to be apprehended, he who pre- 
sumptuously exposes himself to it commits a venial sin ; but if 
the danger of venial sin proceeds from an action in se commend- 
able and useful, this character of the action is sufficient ground 
for lawfully undertaking it; indeed, we ought to disregard the 
danger in a case of this kind, at the same time insuring our- 
selves against sin by employing preventive measures. If we did 
not adopt this counsel, innumerable actions which are useful 
would remain unperformed out of fear of sin, and this would be- 
speak timidity rather than prudence and conscientiousness. On 
the other hand, it is a mark of wisdom and zeal for perfection 
to avoid useless actions which, ex se, cannot be done without 
venial sin, and to avoid them the more because they may lead 
to other venial sins.^^^ 

64. The Duties of the Confessor toward Penitents who are in 
Occasione Proxima Voluntaria. 

Upon the foregoing explanations are based the following rules, 
according to which the confessor has to proceed with penitents 
in occasione proxima libera : — • 

396 Lehrakuhl, 1. c. n. 486. 

39^ Cf. Lehrakuhl, n. 486, IV ; Ballerini, Opus Theol. Mor. Tom. Y. Tract. 
X. Sect. V. n. 172. 



49-i THE MINISTER OF THE SACRAMENT 

I. Penitents who are in occasione continua cannot, as a rule, 
be absolved, even the first time, before they have given up that 
which constitutes the occasion, however much they may promise 
to do so. For so long as a penitent remains under the influ- 
ence of this occasion, he is in immediate danger of breaking his 
resolution to abandon it, as its removal, after an attachment 
to it has been formed and its fascination experienced, is very 
difficult and demands great self-command ; so that there is rea- 
son for fearing that the presence of the sinful object will again 
enslave the penitent. Hence, the penitent who knows this and 
would, nevertheless, expose himself to the danger of breaking his 
resolution, must be regarded as not disposed, and the confessor 
who indulges him sins against his duty as judge by absolving 
an ill-disposed penitent, and also against his duty as physician 
of the soul by not applying the necessary means of amendment.^^^ 

To this rule there are, however, some exceptions, though in 
every case the penitent must faithfully promise to remove the 
occasion as soon as possible : — 

1. \^nien the penitent shows signs of extraordinary sorrow 
and firmness of purpose, thus giving hope that he will carry out 
his resolutions faithfully. 

2. When the occasion is such that the penitent can give it up 
without doing great violence to himself. 

3. When there is a sohd reason for administering absolution 
at once; for it is allowed, where such reason exists, and if the 
necessary cautions are employed, to expose one's self and an- 
other to a danger which then becomes a remote one ; and if the 
penitent must receive absolution before he can remove the occa- 
sion, he is to be regarded as one in occasione necessaria, and he 
has a right, therefore, to immediate absolution. The following 
are held to be sufficient reasons: (a) Danger of death; that is, 
when the penitent is in danger of death and the occasion cannot 

398 Cf. S. Alph. Lib. VI. n. 454. Prax. Conf. ii. 66. 



pi:nitents in proximate occasion of sin 495 

be removed at once for want of time, or because great disgrace 
or scandal is to be feared, (h) Difficulty in going to the same 
confessor again; if this is the case, or if the penitent could not 
return till after a long time, nor repeat the confession to another 
confessor except under great cUfhculties, he may also be absolved 
before giAdng up the occasion. This holds good when the peni- 
tent confesses at a place far removed from his own domicile, so 
that it would be very difficult for him to go to the confessor 
again, (c) Danger of disgrace, if, on the same day or the follow- 
ing, he were obliged to contract a marriage, or receive holy com- 
munion, and could not withdraw without great disgrace. The 
case is similar if one confesses during the time of a mission, and 
cannot during this time remove the occasion without incurring 
infamy, as is frequently the case. Here the confessor may con- 
tent himself with the removal of the occasion some weeks after 
the mission, but he must demand that the penitent should take 
the prehminary steps towards this at once if it can be done. 
(d) Danger of spiritual injury; that is, when the confessor has 
grounds for fearing that, on account of the postponement of 
absolution, the penitent would be estranged from the confes- 
sional and perish in his sins ; in this case, postponement of abso- 
lution would rather increase the danger of not being faithful to 
his resolution. 

In the above-named cases the confessor would be obhged to 
explain to the penitent that he must not hope to receive abso- 
lution in the future if he does not keep his promise. ^^^ 

II. Those penitents who are in occasione interrupta can be 
absolved aliquoties (two or three times) before they have aban- 
doned the occasion if the}^ seriously promise to do so. They do 
not live actu in the occasion, and their resolution not to seek the 

399 Cf. S. Alph. 1. c. Lib. VT. n. VA: Prax. Conf. nn. 67, 68; Berardi, 1. c. 
iin. 44, 45, 49, 50; S. Leonard a Port-Maur. Disc. mist. n. 22. Cf. Proposit. 
61 damn, ab Ljuoc. XI et Picpobi:. 41 damn, ab Alex. YII; Aertnys, 1. c. 
n. 306, III. 



496 THE MINISTER OF THE SACRAMENT 

occasion may, therefore, be regarded as a firm one; but the 
confessor must urge them to abandon the occasion. 

If the penitent does not subsequently amend, absolution must 
be deferred till he has really abandoned the occasion. As he 
could easily give up the occasion, and does not do so, accorcUng 
to his promise, doubts as to the firmness of his resolution arise; 
extraordinary signs of good dispositions would, however, remove 
these doubts. 

If the penitent shows some improvement, although he has not 
yet completely given up the occasion, and if it is to be feared 
that deferring absolution would do more harm than good to the 
penitent, he may be absolved, seeing that his improvement in- 
dicates a firm resolve and preludes complete amendment.^*^^ 

III. Penitents who have relapsed into an occasio continna, that 
is, those who have not kept their promise to remove the occasion, 
cannot be absolved unless they prove their worthiness by some 
extraordinary sign. But even in the latter case, that is, when 
these penitents give extraordinary signs of their good disposi- 
tions, the confessor where it seems feasible and useful may defer 
their absolution ex officio medici till they have removed the 



65. The Duties of the Confessor toward Penitents who are 
in Occasione Necessaria. 

The following are the rules for the treatment of this very 
numerous class of penitents : — 

I. Penitents who are in occasione proxima necessaria can be 
absolved without giving up the occasion if they are disposed 
and are willing to adopt means of amendment. ^^For," as St. 
Alphonsus says, ''an opportunity of sinning is really, in se, no 
sin, and induces no necessity of sinning; true sorrow and a firm 

400 S. Alph. 1. c. n. 454. Prax. Conf. n. 66. 

401 S. Alph. 1. c. nil. 456, 463, 464 ; Prax. Conf. n. 69 ; Berardi, 1. c. nn. 53, 
51; Aertnys, 1. c. n. 306, IV. V. 



PENITENTS IN NECESSARY OCCASION OF SIN 497 

purpose not to relapse may, therefore, be quite consistent with 
an occasion; and although it is right that every one should be 
bound to remove the immediate occasion of sin, this simply 
means that no one may expose himself voluntarily to such risks. 
But if the occasion is necessary, the danger becomes, by the 
apphcation of remedies, a remote one, and God does not with- 
draw the helps of His grace from him who is firmly resolved 
not to offend Him." ^«2 

II. If penitents who hve in occasione proxima necessaria have 
relapsed, that is, have not employed the means prescribed by 
the confessor, absolution must be deferred till they have amended, 
unless they remove all doubts about their disposition by some 
extraordinary sign.^^^ But how are penitents to be dealt with 
who have employed the means prescribed but yet have relapsed 
in the same way ? 

While many , theologians beheve that such persons can be 
absolved (and that toties quoties) if they seriously promise amend- 
ment, St. Alphonsus teaches (maintaining that this is the sen- 
tentia verior et communis) that they must give up the occasion 
before they can be absolved, even if they suffer thereby great 
injury or detriment (etiam, si opus sit, cum jactura vitce), provided 
that, after many attempts, there is no improvement and no probable 
hope of improvement. For in this case (he says) the danger of 
sin remains a formal one and cannot be separated from a sin. 
Physical separation from the occasion is, therefore (he contin- 
ues), the only means of salvation, and the words of Christ are 
binding: ^'If thy eye scandahze thee, pluck it out, and cast it 
from thee ; for it is better to enter into hf e with one eye than 
in possession of both eyes, to be cast into hell fire." (Matt, xviii. 
9.) ^^What doth it profit a man if he gain the whole world, but 
suffer the loss of his own soul?" (Matt. xvi. 26.) The holy 
Doctor excepts the case in which the penitent gives such extraor- 

402 S. Alph. H. Ap. Tr. ult. n. 6. Cf. Ballerini, Opus Theol. Mor. n. 185. 

403 s. Alph. 1. c. n. 456. 



498 THE MINISTER OF THE SACRAMENT 

dinary signs of repentance that improvement can be reason- 
ably hoped for/^^ Ballerini, however, urges the possibihty of 
supposing that in the case of such penitents there is something 
more in question than the want of the necessary dispositions, 
namely, that the means prescribed and employed were not the 
right ones, and, therefore, that others should be prescribed. 
This, he says, is not to be understood of the general means sim- 
ply, such as prayer and other pious exercises, almsgiving, and 
abstinence, and frequent reception of the holy Sacraments, etc., 
but much more of the special means which are adapted to over- 
come temptations and dangers, and which are to be determined 
according to circumstances ; for if these were faithfully employed, 
they would make relapse morally impossible, especially when 
external sins were in question; for instance, avoiding of inter- 
course solius cum sola. 

Ballerini urges, moreover, that, ex lege naturce, the penitent 
is, indeed, bound to avoid the immediate danger, but this can 
be done in two ways, by employing suitable means by which 
the danger becomes a remote one, or by removing or avoiding the 
occasion ; but the penitent, he says, is bound to only one of the 
two ex lege naturce; with what right, therefore, can the confessor 
bind the penitent to the one more than to the other ? Nor must 
we impose upon the penitent what is too difficult, indeed, in 
many cases morally impossible. Moreover, if ' the confessor 
is obliged to choose that course which removes the penitent 
from the danger of sinning, he will certainly never choose that 
means through which the penitent will certainly sin by refusing 
to make use of it. Another way is also open to the confessor, 
without insisting on this indiscreet obligation, namely, to defer 
absolution sometimes till the penitent has employed the suit- 
able remedies with successful results. But in this case it is to 
be observed that complete amendment is not necessary in order 

404 Cf. S. Alph. 1. c. nn. 456, 457 ; H. Ap. Tr. ult. ii. 7 ; Prax. Conf. n. 69. 
Cf. Lugo, De Poenit. Disp. 14, n. 156 ss. 



PENITENTS IN NECESSARY OCCASION OF SIN 499 

that absolution may be given. It suffices that the number of 
sins should indicate that it can be truly said that the occasion 
is no longer immediate/*^^ 

''To put it in a few words, there is no need to deal with these 
penitents otherwise than with those who have contracted sinful 
habits. I will only add one remark, that if the confessor is 
harsh, strictly demanding the more difficult step, the only result 
will be that the penitent will become more entangled in sin ; on 
the other hand, mildness and patience will at least save him 
from complete ruin; thus theologians speak of the confessions 
of a meretrix, a usurer, or of any other penitent who is not suffi- 
ciently disposed, but has a desire to amend." ^^^ 

As to the remedies for penitents in occasione necessaria, the 
confessor must endeavor : — 

1. To lessen the power of the sinful occasion. A few resolute 
and boldly spoken words, a serious threat, or rebuke, a cry for 
help, a complaint at the proper place, will often suffice to dis- 
courage an insolent tempter and prevent any further annoy- 
ance. The confessor must, moreover, require that the penitent 
should no longer associate solus cum sola, that he should shun 
all intimacy, and, as far as is possible, avoid even the sight of 
the complex and give up speaking and thinking of her, etc. 

2. To lessen the power of the passion, — by work, fasting, and 
exercises of penance. 

3. To increase spiritual strength, — by prayer, frequent recep- 
tion of the Sacraments, meditation upon the eternal truths.^ ^^ 

It is, however, to be carefully observed that the penitent is 
bound to employ the means which he is able to employ ; other- 
wise, though the occasion would be necessary, the danger would 
be voluntary. Let the confessor instruct the penitent as to this 

405 Cf. S. Alph. Lib. VI. n. 456; Prax. Conf. n. 69. 

406 Ballerini, Opus Theol. Mor. 1. c. nn. 196, 197. Cf . Ballerini, Notse ad 
Gury, II. n. 631, et Yindiciae Alph. pp. 603-620. 

407 Cf. Alph. Prax. Conf. n. 68; Berardi, 1. c. nn. 79-83. 



500 THE MINISTER OF THE SACRAMENT 

duty, select the means corresponding to the danger, the char- 
acter, and the circumstances of the penitent, and also show him 
how to apply them.'*^^ 

In the treatment of the occasionarius the confessor must be 
very prudent. P. Segneri calls attention to a double trick by 
which penitents try to deceive themselves and the confessor. 
(a) They are wont generally so to represent the occasion that 
it seems to be only a remote one, or they pretend that shunning 
it would cause them great difficulties, whereas there is frequently 
no other difficulty than that their passion finds it hard to break 
chains that have become dear to them. When, therefore, peni- 
tents speak of the scandal or the great injury which removing 
or avoiding the occasion would cause, the confessor must not be 
too ready to believe them, but must carefully weigh the matter, 
for it is one of great importance. (6) The second, not less dan- 
gerous, deception, is that they declare themselves ready to leave 
the occasio in esse; but in reahty this is only in words; when 
the confession is over they do not perform what they have prom- 
ised to perform. '^I know well that many teach that the peni- 
tent can be absolved the first time, if he has made the promise 
to discharge his duty as soon as possible. But I repeat what I 
have said: as a rule do not do so, for . . . experience shows 
that penitents who have obtained absolution in this manner 
do not subsequently endeavor to break through the net of sin ; 
they find a hundred evasions, and before the occasion has been 
removed the sins have been multiplied, till, at the expiration 
of the year, Easter approaches, when they proceed to another 
confessor, who is equally imprudent. If a penitent has already 
deceived you or other confessors, I declare to you that on no 
account may you or can you give him absolution. For he is 
not disposed. If you, nevertheless, should believe that the pres- 
ent words of the penitent ought to be esteemed as of more value 

408 S. Alph. 1. c. Lib. V. n. 63 ; Segneri, lustr. Conf . cap. 5 ; Berardi, 1. c. ; 
Aertnys, 1. c. n. 308, Q. 1. 



SOME COMMONLY OCCURRING OCCASIONS OF SIN 501 

than his former deeds, and if, without just grounds, you hold 
him sufficiently disposed and worthy of absolution, hsten, at 
least, to what I say to you : you do not act like a good confessor, 
and even if you fulfill the duties of the judge, you neglect the 
duties of the physician which are also incumbent upon you. 
Even if the penitent is contrite, as he seems to you to be, it is 
not fair to leave him in the jaws of the dragon when you can 
snatch him from the terrible danger of relapse by means of that 
remedy which is the only one against this evil, namely, by forc- 
ing him first to do that which he is bound to do, and by defer- 
ring absolution till he has done it. This just severity is still more 
necessary in the case of public sinners, for with these scandal is 
added to the sin of occasion." ^^^ 

66. Some Commonly Occurring Occasions of Sin. 

The application of the principles developed in the foregoing 
to many occasions of sin — such as concubinage, dancing, the 
theater, bad reading, and intimacies — presents to the young con- 
fessor at times no small difficulty. These occasions are, more- 
over, so numerous nowadays that they form a large part of 
the confessor's work. We will, therefore, devote a short discus- 
sion to them. 

I. Concubinage. That is, frequentatus concuhiius cum eadem 
femina, quam quis instar uxoris in propria vet aliena domo retinet. 
It generally occurs with unmarried people, but also in any other 
species of unchastity. The confessor must devote a very special 
attention to this occasion, for public scandal usually accom- 
panies it. Those who practice it are exposed to immediate dan- 
ger of eternal damnation and are with great difficulty brought 
to amend and separate.^^^ 

As remedy, the confessor may (1) sometimes recommend mar- 

^^ Segneri, Conf. Iiistr. cp. 5. 

410 Cf. Trid. Sess. XXIV. cp. 8, ref. matrim. 



502 THE MINISTER OF THE SACRAMENT 

riage when this is practicable. Marriage is often the only remedy 
for such unhappy people, as the occasion of sin is, in this way, 
removed. The confessor should especially encourage it in the 
following cases: (a) when the concubine lives in the house of 
her accomplice, is supported by him, and cannot otherwise pro- 
cure her livelihood; (6) when the two parties love each other 
very much, and especially (c) when the concubinage has lasted 
a long time, is legalized, as regards the state, by a so-called civil 
marriage, when children have resulted from this sinful connec- 
tion; and, finally {d), when one of the parties is in danger of 
death. On the other hand, separation will be preferable to 
marriage when the concubine lives in another house, and when 
not love but sensual passion is the motive of their sinful life. 

But if marriage cannot be at once contracted, the confessor 
must urge separation if this is any way feasible, so that the 
occasion of sin may, in the meanwhile, be removed; if separa- 
tion is impracticable, the confessor must prescribe suitable meas- 
ures for diminishing the danger of sin."^ 

On the other hand, confessors and parish priests should not 
have recourse to a matrimonium secretum or conscientice ,^^^ unless 
one of the two living in a state of concubinage is in danger of 
death, or when they are publicly regarded as married; for in 
other cases, divortium is to be feared, and if the concubinage is 
secret, scandal will arise as soon as children are -born, or there 
will be danger of a continued state of onanistic cohabitation in 
order that no scandal may arise. 

2. If marriage is either morally impossible, or if an unhappy 
marriage is to be feared, the confessor must impose separation 
upon the parties, where separation can take place, as it is the 
necessary means of removing the occasion of sin. If immediate 

^11 Compare § 65, Penitents in occasione necessaria, for the same prin- 
ciples apply to this case. 

412 See Benger, Pastoraltheologie, Vol. II. Book 4, § 191, n. 28, p. 665 
(2ed.). 



SOME COMMONLY OCCUREING OCCASIONS OF SIN 503 

separation is impossible, let him prescribe the remedies given 
above for penitents in occasione necessaria. If, for instance, 
the concubine lives with the accomplice as a servant or in any 
other capacity, she must, in order to avoid sin in the meantime, 
tell the man plainly that she does not wish to live such a life 
any longer, and resist him in every possible way, lock the door 
of her bedroom at night, and apply the other remedies referred 
to above. If she is dismissed from her service on this account 
and left houseless and without sustenance, let the confessor 
(preserving his own honor and avoiding scandal) procure her 
admission into a house of refuge for women, or in some other 
way make provision for her need. If the parties live in sepa- 
rate houses, let the confessor forbid the man to visit his accom- 
phce and have further intercourse with her. The woman must, 
in addition to the remedies already prescribed, employ the fol- 
lowing: (a) never again to admit the accomplice to her dwell- 
ing; (6) to take rooms with some respectable woman, so as not 
to be found alone ; and (c) to change her place of residence. 

3. But if very weighty and insurmountable reasons prevent 
both marriage and separation, the confessor must have re- 
course to such measures as will remove the formal danger of 
sin ; for in this case the occasion is a necessary one, and he must 
act accordingly. 

4. If one of the parties living in concubinage is seriously ill 
or in danger of death, marriage must take place at once. If 
they cannot marry, and if the concubinage is public, the man 
must dismiss his accomplice and engage another respectable 
servant to wait upon him. If the woman is dangerously ill, 
she must, her illness and circumstances permitting, take steps 
to obtain admission into a public hospital if one is accessible. 
Where the concubinage is not publicly known, a separation 
will present difficulties on account of the danger of disgrace. 
If it is not practicable, the confessor must take care that the 
danger of sin be removed as much as possible, and to this end 



501 THE MINISTER OF THE SACRAMENT 

prescribe the aforesaid remedies. The following measures are 
also to be recommended : removal of the portrait of the accom- 
plice from the room; if such removal is not possible, the sick' 
person should, either personally or through the confessor, beg par- 
don of the accomplice for the scandal given, and advise the latter 
to provide for his (or her) soul's salvation by true repentance."^ 

5. As to the absolution of those living in concubinage, the 
following rules will be serviceable to the confessor: if a pvblic 
concubinage and a voluntary occasion are in question, the par- 
ties cannot be absolved till they have really separated. To the 
reasons already given above is to be added the fact that it would 
cause scandal if the man who kept a concubine in his house or 
who often visited her at her house, or the woman who still lived 
with her accompHce or received him at her house, were seen 
approaching holy communion. A peccator publicus also can- 
not be absolved till he has puhlice done penance and atoned 
for his scandal."^ 

If it is a question of a necessary occasion with a public con- 
cubinage, absolution must be deferred till the penitent has 
refrained from sin for some considerable time and has repaired 
the scandal given."^ The confessor, however, must not readily 
beUeve that the occasion is a necessary one, for the attachment 
to sin of these unhappy people causes them to exaggerate the 
difficulties of separation, or, indeed, to suppose difficulties 
where they do not exist. "^ An occasion is only to be regarded 
as necessary when the penitent would suffer great injury by 
leaving it, when it might mean the surrender of the social posi- 
tion which he held at the time."^ The pubHc scandal might be 

413 Cf. Berardi, De occas. n. 117 ss. ; Aertnys, Theol. Mor. II. Lib. VI. 
Tract. V. Append. Part TIT. n. 315 ss. 

4" Segneri, Instruct. Conf. cp. 5; S. Alph. Lib. III. n. 436. 

415 Cf. S. Alph. Lib. III. n. 436. 

41^ Cf. Segneri, Instruct. Conf. cp. 5 et 6. 

417 Cf. Gobat, 1. c. Tract. VIL cas. 16, n. 530; Sporer, Theol. sacr. P. IIL 
n. 328; S. Alpli. Lib. III. nn. 437, 441, Lib. II. n. 31, Lib. VL n. 455. 



SOME COMMONLY OCCURRING OCCASIONS OF SIN 505 

regarded as atoned for if the parties caused it to be made known 
(if it were not already known) that they could not separate; 
furthermore, if they pubhcly gave signs of their conversion by 
attending divine service, receiving the Sacraments, etc., and, 
finally, if they marry, in case this were possible. An exception 
to the above rule could only be made in the following cases, 
certainly very rare ones : if the sinful intercourse had long ceased 
but was still a subject of talk and the scandal could not at once 
be removed, but the penitent were willing to atone for it as soon 
as possible, he might then be absolved before the scandal was 
made good if he promises not to go to holy communion, at 
least not in the place where his former sinful career was a matter 
of notoriety."^ 

When a man living publicly in concubinage falls seriously 
ill, or is in danger of death, he must be absolved sub conditione, 
if he is already unconscious, and Extreme Unction must also 
be given to him; for it cannot be maintained that he persists 
in manifest mortal sin, unless he had expressly refused the holy 
Sacraments before unconsciousness set in. If he is still con- 
scious, but dying, and there is no time either for a marriage or 
for arranging a separation, he must be helped to make an act 
of contrition and absolved, and the other Sacraments should 
then be administered to him. But care must be taken that 
the accomplice does not come near him, and that, if it is still 
possible, the dying person asks pardon before witnesses in atone- 
ment for the scandal, either personally, or through the priest. 
If this form of atonement is not practicable, the priest should 
provide for it in some other way.^^^ But if there is still suffi- 
cient time to atone for the scandal, and to remove the occasion 
of relapse (exterior and interior), either by marriage or sepa- 
ration, absolution must not be given till the scandal is atoned 
for and the occasion removed. If neither expedient is practi- 

^^^ Segneri, 1. c. cp. 5; Berardi, 1. c. n. 151. 
419 Cf. Kit. Rom. Tit. IV. cp. 4, n. 1. 



506 THE MINISTER OF THE SACRAMENT 

cable, this impossibility must be declared before witnesses, so 
that it may become known, and the sick person must promise 
to bring about the separation as soon as he recovers/^*' 

If the concubinage is not pubHcly known and the occasion 
is voluntary, the parties may not as a rule be absolved till they 
have actually separated, even if they give signs of great sorrow. 
An exception might be made to this rule when a prompt dis- 
missal would be impossible, and the penitent would be under 
an urgent necessity of receiving holy communion in order to 
avoid great infamy or some equivalent injury, supposing also 
that the penitent were in very contrite dispositions in conse- 
quence of some external occurrence — the death of a friend, 
deliverance from death, etc., or if he and the accomplice did not 
live in the same house, or if there were well-grounded fear that, 
on account of the postponement of absolution, the penitent 
might become estranged from the confessional and perish in 
his sins/^^ 

If, with secret concubinage, the occasion is a necessary one, 
the properly disposed penitent may be absolved, but absolution 
could be postponed in accordance with the rules here apphca- 
ble (§ 52)/^^ Let it be added that if the penitent maintains 
that the occasion is necessary to avoid scandal or disgrace, he 
should not, as a rule, be believed. 

II. Dancing. ^^^ 

420 Cf. Bevardi, 1. c. n. 148; Aertnys, 1. c. n. 319, Q. 

4'^i Cf. S. Alph. Lib. III. n. 436 ; Segneri, Instr. Conf. cp. 5. 

422 Cf. S. Alph. Lib. III. nn. 437, 441. 

423 a jf^ considering the present corruption of our society and the manner 
in which dancing entertainments are conducted, a priest publicly protests 
against them, he may be perfectly justified. But the place in which he 
can exercise his influence against this evil is the confessional. Here he can 
positively forbid dancing to the young man or girl for whom it is an occasio 
proxima of sin, whether the sin consists in bad thoughts and desires, or in 
external acts, or he will proceed in accordance with the principles laid down 
above (concerning the occasio necessaria) ." Renninger-Ciopfert, Pastoral 
Theology, Vol. I. Part I. § 90, p. 265. 



SOME COMMONLY OCCURRING OCCASIONS OF SIN 507 

Dancing with persons of different sex, when there is no ques- 
tion of sinful circumstances, is, of itself, not forbidden, as it 
is not ex se actus libidinis^^'^ But it may become very sinful : 

(a) through sinful intention ; (b) through the danger of sinning ; 
(c) by the scandal given, and (d) by the prohibition of parents 
or of an ecclesiastical law/^^ 

Dancing is very sinful when those engaged in it have the in- 
tention of exciting venereas delectationes , of employing tactus 
malitiosos, or of indulging in turpes sermones. In this respect 
the so-called masked balls (chorece larvatce, hols masques) are a 
source of great danger /^^ 

Dancing may give rise to the following sins: (a) malitiosce 
manuum constrictiones affectu nempe impudico, differing from 
the simple, and, of itself, not dangerous manuum apprehensio ; ^^"^ 

(b) amplexus pressi; (c) tactus obscoeni (especially, extra actum 
saltandi) before or after; (d) amatorii et turpes sermones; aspec- 
tus malitiosi (in the obscoenoe choreoe) ; (e) delectationes morosce 
et desideria turpia. The confessor will, however, observe that 
the external sins referred to occur less frequently in respectable 
dancing assemblies. 

If dancing is a periculum proximum to those engaging in it, 
and if there is no causa gravis for doing so, it must be avoided 
under grave sin; if it constitutes only a periculum remotum or 
is excused by some causa gravis, it would be a venial sin only, 
or none at all. The confessor must, therefore, take into con- 
sideration the danger and its nature, as also the existence of 
a causa gravis. 

He can judge if such danger is in question: (1) from experi- 
ence, — that is, when the penitent has taken part in dancing, and 
has often {frequenter) sinned in consequence of it, and when the 

424 Cf. S. Alph. Lib. III. n. 429. 

425 Cf . S. Alph. Lib. III. n. 429 ; Berardi, 1. c. n. 155. 

426 Cf. Berardi, 1. c. n. 156. 

427 Cf . S. Alph. Lib. III. 11. 429 ; certe veniale non excedit. 



508 THE MINISTER OF THE SACRAMENT 

circumstances are the same in some given case; (2) from 
other circumstances, — especially the nature of the dance, 
too great frequency, the time of night, the moral character 
of the other persons present at the dance, indecens feminarum 
pectoris nvdatio. General rules, appHcable for all places and 
persons, cannot be given here. Public dances to which all 
have access are, generally speaking, more dangerous than 
private ones. 

If there is only periculum remotum in question, any causa 
rationahilis excuses from sin, certainly from grievous sin; for 
instance, to recreate one's self, to have a httle amusement (once 
and again in the year), to find more easily an opportunity of 
marrying, to show courtesy towards those who give invitations 
to the dance, to avoid the talk and ridicule of others, etc. If, 
however, there is question of periculum proximum, the causa 
must be a gravis to constitute an excuse ; for instance, to avoid 
giving serious offense to wife, husband, parents, brothers and 
sisters, or to avoid family quarrels. But then there must be 
no other way of escaping these quarrels, and the penitent who 
exposes himself to these dangers must protect himself by suit- 
able means.^^^ 

With reference to the confessor's conduct in this matter, we 
may add, the following remarks: (1) Let him equally avoid ex- 
cess and deficiency of zeal; (2) let him estimate the danger to 
which dancing exposes his penitent, by asking him if he has 
committed sin at other dances, or been subjected to great temp- 
tation. If it results from this examination that the penitent is 
strictly bound to avoid these pleasures, let the confessor forbid 
them to him even under threat of refusing absolution; if no 
such obligation is evident, let him not show himself too ready 
in permitting indulgence in this dangerous and doubtful pleas- 

428 Cf. Konings, Theol. Mor. Conipend. ii. 1441 ; S. Francisc. Sales. Instit. 
vit. devot. P. III. cp. 34 ; Aertnys, 1. c. n. 323, Q. II ; Lehmlaihl, 1. c. P. I. 
Lib. II. cp. 3, n. 643. 



SOME COMMONLY OCCURRING OCCASIONS OF S[N 509 

ure, and let him tell the penitent how he should conduct 
himself.^^® 

III. Frequenting theaters. 

Theatrical performances (in the wider sense of the term) are, 
according to the teaching of St. Thomas/^^ secundum se, not sin- 
ful, but may become gravely so, by offending against reUgion 
and good morals, in the matter represented or in the manner of 
representing it. Very many modern dramas are of the latter 
kind, and full of dangers, treating as they do of anti-rehgious 
subjects or of such as are hostile to faith, or lascivious; degrad- 
ing the Catholic faith, distorting historical facts to its detri- 
ment, extolhng the enemies of the Church, holding up holy 
rites and even the Sacraments of the Church to mockery and 
contempt, calumniating priests, making vices, such as adul- 
tery, revenge, suicide, and sins of the flesh, appear lawful or 
even glorifying them ; characterizing religion in general as ridicu- 
lous, superstitious, etc., treating not only of obscene and dan- 
gerous subjects, but also offending decency in the manner of 
representation. 

If, therefore, the dramas in question are Religioni notahiliter 
contraria, or if the subject-matter or the manner of represent- 
ing it are nimis turpia, attendance is certainly a grave sin. For 
what may not be seen, or heard, or read, extra theatrum, without 
great sin, cannot be, as the Angehc Master expresses himself, 
ratione theatri leviora^^^ 

If they are notahiliter, but not nimis turpia, they may be occa- 
sio relativa, and frequenting them out of curiosity or for amuse- 
ment (if there is no danger of consenting in turpem delectationem) 
may be free from grave sin. But this danger will, in the case of 
young people, be absent only when they have very tender con- 
sciences, conduct themselves very prudently, and when, after 

42^ Cf. Renter, Neo-Confess. n. 112; Franc. Sales. Inst. vit. devot. 1. c. cp. 
33 ; Berardi, 1. c. nn. 167-169 ; Aertnys, 1. c. art. XL n. 324, Q. 1. 

43^ rr. II. Q. 168, ait. 3. 431 s. Thorn. 4 Sent. dist. IG, Q. 4. art. 2. 



510 THE MINISTER OF THE SACBAMENT 

being repeatedly present at such performances, they are able 
to say that they have not committed mortal sin/^^ Perform- 
ances, however, which are non notahiliter turpia, may be an 
occasio proxima for those who know by experience their own 
weakness, the more so as nowadays doubtful attractions are 
introduced even into otherwise good or harmless plays. 

The so-called chorece scenicce (ballet), quce inter actus miscen- 
tur, utpote in quihus oh vestitmn saltatricum, obscoenos saltandi 
modos aut lascivas gesticulationes , maxima apparere solet turpi- 
tudo, will probably be for many theatergoers an occasio proxima. 

When, therefore, one goes to a theater without exercising any 
discrimination as to the choice of the play or the manner of its 
performance, he exposes himself to a probable danger of sin, 
ex communiter contingentihus fit prudens prcEsumptio. Some, 
however, maintain that they attend chiefly to the music, not to 
the plot and its representation; this, of course, would mate- 
rially reduce the danger, but not wholly remove it. 

Frequenting the theater may also become sinful on account 
of the sinful intention connected with it, and by the scandal 
thereby given. Besides the actors and actresses in a bad play, 
those also give scandal who cooperate in spectacula notahiliter 
turpia aut Religioni graviter adversa, positively, by money or 
applause, and, negatively, by not preventing them when ex 
officio they were bound to do so, or at least could have prevented 
them by some other means; for example, by refusing to co- 
operate, etc.^^^ Moreover, parents and other superiors give scan- 
dal who do not effectually prevent their children and those under 
their care from being present at improper representations, or 
when they give permission to go there, without having previ- 
ously ascertained the character of the play. Finally, those give 
scandal who encourage others (especially young people) by 
their example to attend theaters, also clerics and religious who, 

43-^ Cf, S. Ali^h. Lib. III. 11. 427. ^^^ Ibid. 



SOME COMMONLY OCCURRING OCCASIONS OF SIN 511 

oontrary to ecclesiastical regulations, are present at secular 
performances/^^ 

If, therefore, by going to the theater, a person exposes him- 
self to only slight danger, and only gives slight scandal, he is free 
from grave sin if he takes the necessary precautions. 

But if he suffers great danger, or gives great scandal, only 
a causa gravis would excuse him from grave sin if he takes the 
necessar}^ precautions, and tries to the best of his power to 
make good the scandal. Such causa gravis would be, for instance, 
a well-founded fear of great detriment, continued irritation of 
parents, of husband or wife, etc. ; the loss of the subscrip- 
tion fee would not be a causa sufficiens. But even when there 
is a causa, and, in spite of precautions, faith is endangered, or if 
the person often succumbs to temptation, he is absolutely bound 
to avoid the occasion. Hence no causa will excuse frequentation 
of a very immoral or godless performance, because it will not be 
possible to avoid the formal danger. wHich accompanies it. 

In cases where it is necessary, the penitent must be strictly 
bound to avoid the theater or certain plays; even where this 
obligation is not strictly binding, he must still be persuaded to 
avoid the theater, and if this is not possible or opportune, the 
priest must at least instruct the penitent cautiously to conduct 
himself. 

The actors in immoral and godless plays cannot, of course, 
be admitted to the Sacraments till they have either given up 
their profession, or no longer take part in such performances, 
for they are peccatores puhlici, publicum scandalum prcebentes ^^^ 

IV. Bad reading. 

The reading of bad books is a source of great danger, and this 
occasion of sin is very common, unceasingly estranging countless 
numbers from faith and robbing them of innocence. 

434 Benedict XIV, De Synod. Lib. II. cp. 10, n. 11. Cf. S. Alph. Lib. III. 
n. 427. 

435 Cf. Aertnys, 1. c. n. 327 ; Lehmkuhl, 1. c. P. I. L. II. cp. 3, n. 614. 



512 THE MINISTER OF THE SACRAMENT 

We must distinguish between: (1) books which, ex professo^ 
are written against rehgion and faith (defending the errors of 
heretics and infidels) and those which are not, ex professo, 
directed against it (only here and there attacking religion) ; 
(2) books which, ex professo, are obscene (which, if not wholly, 
yet to a great extent, treat of obscene things) and such as 
are suhobscoeni (in which a good deal of obscenity is to be 
found). 

Books ex professo impii are very dangerous and pernicious. 

Few persons who are not learned and pious theologians can 
read them without injury to their faith. Hence the Church (in 
the second rule of the Index) has strictly prohibited the reading 
of such books, and if they hoeresim propugnant, reading them 
consciously entails censure of excommunication reserved to the 
Pope.^^^ Books which are hostile to religion, but not so ex 
professo, are also a source of danger, and, therefore, reading 
them is permitted to no one without necessity. The degree of 
the danger depends upon the object which the reader has in 
view, upon his age, his rehgious sentiments, and knowledge. 

Books ex professo obscene are certainly dangerous, for they 
excite violent temptations, and they are still worse when, as 
is often the case, they are illustrated with obscene pictures. 
Reading such is strictly forbidden by the seventh rule of the 
Index. 

The libri erotici (de amorihus agentes) , for instance many come- 
dies, tragedies, dramas, novels, and romances, are sources of 
relative danger; the reading of them is, in many respects, inju- 
rious, especially to young people. 

Bad newspapers and periodicals must be classified in the same 
way as books, and what has been said above concerning the 
reading of bad books holds good as to newspapers and periodi- 

^^^ Compare § 43; S. Alph. App. de prohib. libr. cp. 1 ; cf. Renger, Pasto- 
raltheologie (2 P:d.), Vol. IT. § 129, n. 7, p. 53 ff . ; Clement XITT, Eiicvcl. 
1760; Pius IX, "Qui Pluribus," 20 Nov., 1846; many pastorals of bishops. 



SOME COMMONLY OCCURRING OCCASIONS OF SIN 513 

cals. If they are written ex professo against faith and morals, 
they are even more dangerous than such books. 

Accordingly, the confessor is bound: (1) when there is ground 
for suspicion that the penitent has sinned by such reading and 
has been silent about it, to ask him on the matter ; omitting to 
do so would be very injurious to the penitent, as it would be 
leaving him in great danger, and if he had purposely concealed 
it, he would have confessed sacrilegiously. 

The confessor is bound (2) to admonish penitents who have 
read bad books, etc., to refrain entirely from such reading, to 
buy no more books, etc., of the kind, not to borrow them, nor 
in future to have them in their possession. He must especially 
instruct parents and superiors on this head, and incite them to 
watchfulness. He is bound (3) to refuse absolution to those who 
will not refrain from such reading.^" (4) To prescribe for the 
penitent who reads infidel writings ex necessitate suitable safe- 
guards in order that the poison may not injure him, such reme- 
dies as reading good books and newspapers, praying for the 
preservation of faith, frequent reception of the Sacraments, 
etc. (5) To do his best to keep young people from novel read- 

The confessor must, to the best of his ability, endeavor to 
prevent the reading of so-called 'liberal" books, newspapers, 
and periodicals, which are, indeed, bad, though not, ex professo, 
godless or obscene ; especially (a) when the penitent is conscious 
of his duty to refrain from such reading, or is in doubt about it ; 
(b) when, although not aware of this duty, good results are to be 
expected from exhortation ; and (c) when the confessor perceives 
that such reading is beginning to harm the penitent. On the 
other hand, the confessor must be silent concerning the duty of 
avoiding such reading (a) when the penitent is invincihiliter 
ignorant of this duty; (6) when the confessor could not hope 

*37 Cf. Propos. 61 damn, ab Innoc. XI. 
438 Cf. S. Alph. Lib. III. n. 429. 



514 THE MINISTER OF THE SACRAMENT 

that his admonition would be acted upon, or when, on the con- 
trary, he would ha,ve to fear still greater evils ; but he must then 
inspire his penitent with distrust of these newspapers, etc., and 
endeavor by exhortation and request to wean him from such 
dangerous reading/^^ A man of business might be permitted to 
keep and to read bad newspapers on account of the advertise- 
ments, when such advertisements are not to be found (or not 
so fully) in a good paper, but he must be admonished to sub- 
scribe for this end only, and not to leave the newspaper about 
for others, especially children, to read. It is not allowed to 
inn-keepers to have bad newspapers in their estabhshments in 
order to attract customers by such reading, for that would be 
an actio ex se ordinata ad malum. Under the heading of ^'bad 
newspapers" are not included those producing here and there 
incorrect judgments upon rehgion.^^^ 

V. Intimacies (procationes) ^^'^ 

1. If this intimacy is begun with a view to matrimony it is 
not, de se, forbidden, for none is bound to marry a person who 
is unknown to him; he may, during a certain time, study the 
character and morals of the person by means of lawful intimacy.^^^ 

But such intimacies, in praxi, very easily become an occasio 
proxima of grave sin amongst young people and those who have 
not much conscience, especially when greater familiarity and 
freedom of intercourse sets in, and the time of marriage ap- 
proaches.^^^ That ^n intimacy may not degenerate into an 
occasio proxima, or, having become such, may cease to be so, 

439 Cf. Aertnys, 1. c. n. 331, Q. II. 

440 Cf. Aertnys, 1. c. n. 330, Q. II ; Gury, Tom. I. n. 256 ; Varceno, Theol. 
Mor. Tract. 8, cp. 2, art. 3 ; Berardi, Praxis Coiif . im. 66 et 240 ; INIuller, 
Theol. iMor. Lib. 11. §36, n. 6. 

441 gy u intimacies " is here understood friendly intercourse established 
between two persons of different sex. 

442 S. Alph. Prax. Conf. n. 65. Cf. Roncaglia, in S. Alph. ibid.; Gousset, 
Moraltheologie, II. n. 566. 

443 Cf. S. Alph. Prax. Conf. n. 65; S. Leonard a Port-Maur. Disc. mist, 
nn. 23, 24. 



SOME COMMONLY OCCURRING OCCASIONS OF SIN 515 

the following rules must be observed: Only such as wish, and 
are able, to contract marriage within a reasonable time {tempus 
rationabile) should be allowed this kind of intimacy. They 
must, therefore, be of proper age, so that the intimacy may 
not be too much prolonged; there must be no impediment in 
the way of their marriage, that is, they must possess the neces- 
sary Hberty, being free from bondage of any kind ; the parents 
must not (from just motives) be opposed to their child's mar- 
riage, or to marriage with the particular person in question. 
Moreover, there must be a firm intention of marrying. This 
intention may be presumed to be wanting in the case of a rich 
young man who enters into such relationship with a poor girl, 
or one who, at the very outset of the acquaintance, induces 
her to sin, or neglects the necessary precautions, or who, at 
the expiration of a suitable time, shows no disposition what- 
ever to contract marriage, etc. How long such intimacy may 
last {rationabile tempus) cannot be determined by hard and 
fast rules applicable to all cases; it must be left to the intel- 
ligent discretion of the persons in question; half a year, or a 
whole year, may generally be regarded as not too long. Let 
the confessor, therefore, take care that the intimacy is not 
prolonged for years with danger of sin, and if it has already 
lasted too long, let him provide that it should either be broken 
off, or interrupted for a time, or that marriage should take place 
as soon as possible. 

2. In order that the intimacy may proceed honorably, the 
persons must adopt suitable measures of precaution. Those 
therefore, between whom such intimacy exists, must not live in 
the same house; they must, as soon as possible, obtain the con- 
sent of the parents or their representatives, for if they frequently 
meet without the knowledge, or against the will of their parents, 
they will do it secretly, and in this lies a great danger. If the 
parents are opposed to the marriage without just reason, the 
confessor must suggest some other means for their honorable 



516 THE MINISTER OF THE SACBAMENT 

intercourse. They must not associate solus cum sola, espe- 
cially secretly in retired places at night time ^" id quippe, si 
non fortuito sed consulto -fiat, nonnisi ex fine libidinis aut cum 
summo periculo lihidinis fiet/^ remarks Aertnys/^* and Ballerini^^^ 
says : ^' Those especially who have care of the persons in question 
must pay attention to this. Parents, and particularly moth- 
ers, must be very earnestly appealed to, and their strict duty 
of watchfulness and care most forcibly insisted upon. And in 
this they must be influenced not only by conscience, but by the 
fear that the daughters ^ semel corruptee in paterna domo deho- 
nestatce consenescantJ " Moreover, their, visits must not be too 
frequent nor too long; and if they should be alone, they must 
not offend against the rules of morahty, but conduct themselves 
honorably in every respect; and, lastly, they must procure for 
themselves the necessary graces in this dangerous time by 
prayer and the reception of the Sacraments.^^^ 

3. Still greater prudence is necessary after engagement, as the 
danger of sin becomes greater, cum sponsus respiciat sponsam 
tanquam suam, magna jamiliaritas sit quxxsi inevitahilis , imagi- 
natio copulce conjugalis hrevi secuturce lihidinem commoveat et 
timor prcegnationis evanescat, etc.^*^ Therefore, let the confessor, 
to the best of his ability, bring about that the time of betrothal 
may not be deferred too long.^^^ 

4. If they have fallen into sin oh causam amoris, the intimacy 
assumes the character of an occasio proxima, and it must be 
dealt with according to the principles applicable to it."*^^ They 
must, therefore, break off the intimacy if they can, without great 

414 Theol. Mor. 1. c. Append. P. III. n. 340. 

445 Notse ad Gury, Tom. I. n. 413. 

446 Cf. S. Alph. Praxis Conf. n. 65 ; S. Leonard, Disc. mist. n. 23 s. ; Ber- 
ardi, 1. c. nn. 233-238 ; Konings, 1. c. n. 1453 ; Aertnys, 1. c. 

447 Cf. S. Alph. Praxis Conf. n. 204; II. Ap. Append. IV. n. 6 ; Benedict 
XIY, Inst. 46, nn. 17, 21 ; Sporer, De iSIatrim. n. 429. 

448 S. Alph. H. Ap. Tr. 7, n. 32 ; Praxis Conf. n. 52. 

449 S. Alph. Praxis Conf. n. 65; S. Leon. Disc. mist. u. 24. 



SOME COMMONLY OCCURRING OCCASIONS OF SIN 517 

detriment, forego the intended marriage, and wait for the occa- 
sion of contracting another, or they must set their relations with 
each other on a better footing if they cannot forego the marriage 
without sin and without great detriment. 

It results from the foregoing that all ^^intimacies'' are to be 
regarded as sinful and as occasiones proximce, which : (1) are 
entered upon without any intention of marriage, but only for 
the sake of pleasure, sensuality, and sin; (2) which are begun 
without hope of speedy marriage,^^^ or (3) in spite of the justi- 
fiable opposition of parents, (4) which are secretly carried on,^^^ 
and (5) which exist between persons who live in the same 
house. Persons who maintain such relations, and \vill not break 
them off, or refuse to amend, may not be absolved. Even if it 
happens that they do not at first sin grievously, they will not, 
later on, remain free from sin. And if they maintain that they 
have done nothing wrong, the confessor must not at once trust 
their assurances, but instruct them in their duty with the neces- 
sary circumspection and prudence. ^^^ '' We admonish all confess- 
ors," writes Gaume, '^not to absolve those who are carrying 
on love affairs, when such things are for them gravely sinful, 

^^^ Therefore, quando Jiunt inter eos, qui sunt dlsparis conditionis propter 
scandalum et periculum mortaliter peccandi ; si Jiant cum illis, cum quibus im- 
possible est contralii matrimonium, ut sunt uxoraii, claustrales et in sacris ordini- 
bus constituti . . . si Jiat in ecclesia, turn propter irreverentiam, turn propter 
periculum audiendi sacrum sine dehita attentione, tum etiam propter scandalum ; si 
adsit prceceptum patris vel matris aut tutoris 7'ationabiliter prohibens talem amorem. 

*^i Quando clam Jiunt et occulte, tempore nocturno, si eo modo Jiat, ut ex se in- 
volvat periculum proximum osculorum, tactuuin, etc., etiam si aliunde ille amor esset 
licite exercitus, quia est inter solutos et causa matrimonii . . . si amator animad- 
vertat, complicem amoris esse graviter tentatum vel alterum urgere verbis turpibus 
vel alio modo ad inhonesta etc., etiamsi alter complex nihil tentetur et nullam sen- 
tiat inclinationem ad peccandum ; denique univermliter loquendo, quotiescunque 
ob causam amoris amator vel amatrix Jrequenter labitur in aliquam gravem noxam ; 
tunc amor induit rationem occasionis proximce mali et est omnino illicitus. — 
From the decree of Cardinal Pico de Mirandola. Cf . Gaume, 1. c. 

^^2 Cf. S. Alph. Prax. Conf . n. 65 ; Aertnys, 1. c. ; Gousset, Moraltheologie, 
11. n. 567. 



518 THE MINISTER OF THE SACRAMENT 

when after three warnings from their own or other confessors 
(concerning which penitents are always to be questioned) they 
have not really amended. They must be given plainly to under- 
stand that, until they have really amended, they cannot expect 
absolution from their ow^n confessors, nor claim it from others." ^^^ 



Article II 

HABITUAL AND RELAPSING SINNERS 

67. Definition and Treatment of Habitual Sinners. 

An habitual sinner is one who, in consequence of a disposition 
or tendency which he has acquired by oft-repeated sinful acts 
of a definite kind, — such as blasphemy, cursing, perjury, im- 
purity, — frequently falls into that sin.^^^ 

How many acts suffice to constitute a sinful habit {hahitus 
seu consuetudo) depends upon the nature of the sin wmich has 
been often committed and upon the manner in which it is com- 
mitted, for instance, by thought, word, or action ; also upon 
the difficulty or ease with which the sin is committed ^ so that 
the more easily a sin is committed the more acts are required to 
constitute a habit. Sins of thought and speech are more easily' 
committed than sins of act, those which are incomplete than 
those which are completed; and in completed acts, those which 
are committed alone are more easily committed than those w^hich 
have an accomplice. Moreover, we must take into considera- 
tion the length of time which elapses between the separate sinful 
acts of the same kind, as also the disposition and temperament 
of the person, and the greater or less intentness of the will in 
committing the sin. 

453 Handbook for Confessors, chap. Til. art. 5, n. 328. 

45* See Ballerini's Discussion of the definition of St. Alphonsus (Lib. YT. 
n. 453) and Gury's (1. c. n. 632) in his Op. Theol. Mor. 1. c. cp. 1, n. 214; 
on the other band, Aertnys, L c. Append. P. IT. cp. 1, n. 310. 



TREATMENT OF HABITUAL SINNERS 519 

Thus, according to the words of St. Alphonsus, the repetition 
of an external sin five times in a month, if between the separate 
acts there is any interval, may produce a habit. In sins of 
luxuria consummata, with a complex, for instance, fornicatio, 
sodomia, a much smaller number of repetitions of the same sin 
are enough to constitute a habit of this sin. A much greater 
number is necessary in sins of speech and thought. He must 
undoubtedly be regarded as an habitual sinner, who, during a 
considerable time, has not resisted but yielded to temptation 
of a definite kind. ^'However, when the administration or 
postponement of absolution is in question," remarks Lehmkuhl, 
"it does not so very much depend upon the more or less accu- 
rate definition of a habit," seeing that there is no reason for 
excluding a penitent from absolution on account of a sinful habit 
if he has a real wish to resist it or lay it aside. ^^'^ Nevertheless, 
this habit — like the occasion of sin — often excites a suspi- 
cion that the penitent is not disposed and inspires apprehensions 
of relapse. The confessor must, therefore, be cautious in ad- 
ministering absolution. 

As a rule, the habitual sinner who is not in immediate occa- 
sion of sin, must receive absolution if there is reason to believe 
that he has the necessary dispositions. In this case absokition 
is to be given when there has been no previous improvement, 
but the penitent must faithfully promise to adopt the measures 
prescribed for his amendment. 

In the case of such a penitent we must not presume at once 
that he intends to receive the holy Sacrament in bad disposi- 
tions ; w^e may infer from the fact of his confessing his sins that 
he is disposed, as spontaneous confession is a sign of repentance, 
unless there is positive ground to presume the contrary. Nor 
may we say that the sinful habit is a sign of indisposition, for 
although the sinful habitus may make the sinner more inclined 

455 Lehmkuhl, 1. c. n. 490. 



520 THE MINISTER OF THE SACRAMENT 

to sin, it does not justify the supposition that he has no firm 
wish to amend /^^ 

But if (1) the habit is already deeply rooted (as it generally is 
with those who are habitual sinners ex mala voluntate, and always 
with those who have been addicted to any vice — especially that 
of lust — for a long time) , the confessor could defer absolution 
for a short time, in accordance with the principles guiding such 
postponement, unless some other circumstance demands the 
immediate administration of absolution ; this he could do, both 
in order to learn how the penitent applies the prescribed means 
of amendment, as also that the penitent himself may conceive 
a greater horror of sin/" 

(2) If the habitual sinner (inpeccato mortali hdbituatus) is a 
cleric who will soon receive Holy Orders, absolution must also 
be postponed; for positive goodness is necessary in such a peni- 
tent. An habitual sinner who refuses to confess several times 
in the year, cannot, per se, be refused absolution on that account ; 
for, on the one hand, there is no command to confess several 
times in the year, and, on the other hand, there are other means 
which could be prescribed for uprooting the habit and which 
are very suitable and efficacious for that purpose. A different 
course, however, would have to be taken if the other remedies 
were inefficacious; for many penitents can only, find a suitable 
remedy in frequent confession. Hence Toletus says very justly 
(in speaking of those who habitually practice pollution), ^^I 
believe that there is scarcely any other efficacious remedy for 
these than frequent confession, as this Sacrament is the strong- 
est curb."^^^ And still more clearly and decisively does St. 
Alphonsus express himself ,*^^ saying, ^^He to whom a grave 
sin, especially pollution, has become a habit, and who does 
not frequently confess, may expect amendment only through 
a miracle." 

455 S. Alph. 1. c. Lib. VT. n. 459. ^ss Xnstr. sacerd. Lib. V. c. 13, n. 6. 
45V S. Alph. H. Ap. Tr. ult. n. 8. ^59 j^jb. VL n. 464. 



TREATMENT OF RELAPSING SINNERS 521 

68. Relapse, and the Treatment of Relapsing^ Sinners. 

Relapse into sin signifies literally the repeated commission of 
a sin already confessed. In the theological sense, those are 
called relapsing sinners, who, after several confessions, fall into 
the same sins again. From this it results that a relapsing sinner 
is also an habitual sinner, but not every habitual sinner is a 
relapsing sinner.^^^ 

In order that a confessor may arrive at a correct judgment 
concerning a penitent who seems to be a relapsing sinner, he 
must investigate: (1) if the sinful habit already exists; (2) if 
the penitent has already been admonished by another confessor, 
and if he has known the means of amendment; (3) if he has 
applied them and how ; (4) how often, and under what circum- 
stances he has relapsed, if as often, or more often, or less often, 
than before; if immediately, or almost immediately, after the 
confession, if in severe temptation, or after long resistance, 
and when he sinned last. From the answers he receives to 
these questions he will recognize if he has to deal with a relaps- 
ing sinner, and, at the same time, if the relapse is a sign of want 

*6° St. Alphonsiis distinguishes between /orwa/ relapsing sinners and mate- 
rial. A formal relapsing sinner is one who, having been instructed and hav- 
ing promised amendment, has returned to his former sin in the same, or 
nearly the same way, and with the same ease; that is, without having 
endeavored to amend, and without having adopted any one of the pre- 
scribed remedies. A material relapsing sinner is one who was never seri- 
ously admonished, or who, in spite of efforts toward improvement, and in 
consequence of inconstancy of will, has again fallen into the sins already 
confessed. H. Ap. Tr. ult. n. 9 (cf. Vind. Alph. P. VI. cp. 1, Tom. II. p. 
276). In a word, a relapsing sinner is one who has contracted a sinful 
habit, and, after confession, has fallen into the same sin. S. Alph. Lib. VI. 
n. 457. Cf. Aertnys, 1. c. n. 310; Ballerini, Notse ad Gury, II. n. 632; Op. 
Theol. Mor. 1. c; Lugo, De Poenit. Di^p. 14, n. 166; Salmant. Tr. 17, cp. II. 
n. 167. According to the concurrent teaching of theologians, the follow- 
ing elements are included in the idea of relapse in the theological sense : 
(1) fr-equens relapsus post plures confessiones ; (2) relapsus in eadem (specie) 
peccala : (3) defectus omnis, etiani inchoata;, emendationis. (Suarez, Tr. V. 
Lib. III. c. 8, n. 7.) 



522 THE MINISTER OF THE SACRAMENT 

of proper dispositions. The relapsing sinner in the specified 
theological sense is not to be confounded with one who relapses 
into a single sin without habit, or into an occasio peccati, that 
is, one who has not kept a promise to give up an occasion of 
sin, has not removed the occasion, or has again sought it (§ 64, 
III), whether he now has a habit of sinning or not. Here we 
are only considering the recidivi consuetudinarii ; those, there- 
fore, who have relapsed into the habit of sin, either from internal 
weakness, or in consequence of external occasion. 

Another distinction between relapsing sinners is not to be 
overlooked: those who sin only in consequence of the force of 
passion, or of weakness, in such sort that their will is generally 
opposed to sin, and, therefore, when the storm of passion is 
over, immediately regret having committed the sin, as it gen- 
erally happens with blasphemies, curses, and often with pollu- 
tion, — these are incontinentes seu hahituati in peccato tantum; 
whilst those who sin in consequence of an habitual attachment 
to sin, or from malice, and therefore without the preceding vio- 
lent impulse of passion, — these are the intemperati seu hahituati 
in voluntate peccandi who are not so easily led to contrition. 

The following principles are to be observed in absolving 
relapsing sinners : — 

I. The confessor must carefully examine the actual disposi- 
tions of a relapsing sinner who has already been instructed 
and admonished sufficiently, and who again returns, burdened 
with the same sinful habit, without having made any attempt 
at amendment, or applied any of the remedies prescribed for 
him by the confessor. Relapse under the specified circum- 
stances is, of course, no direct argument against the actual dis- 
position of the sinner, though it is a direct argument against 
the sorrow and purpose of amendment of preceding confessions. 
He who is tridy sorry, and firmly purposes to avoid a sin, 
will refrain from it at least for a time, and will not allow 
himself to be overcome in the very first struggle with the 



TREATMENT OF BEL AP SING SINNERS 528 

enemy. It is, as Lehmkuhl rightly says, legitimate to draw 
an indirect conclusion against the actual disposition if the 
penitent gives only the same signs of sorrow as before/^^ His 
disposition is, therefore, doubtful, and he must give better 
proofs of it, although no definite rule can be laid down as to 
how, and to what extent, this proof must be forthcoming/®^ 

461 Lehmkuhl, 1. c. n. 491. 

462 Cf. Aertnys, 1. c. n. 313 ; Lehmkuhl, 1. c. n. 493. St. Alphonsiis teaches 
tliat such penitents can only be absolved when, by extraordinary signs, they 
have removed the prejudice against their actual disposition (as we have 
learnt above, § 50) ; and the holy Doctor, whom many later theologians 
follow, represents this teaching as sententl.a communis. Lib. VI. nn. 459 and 
505; Prax, Conf. n. 20 in fine. But Ballerini questions this, remarking that 
even of the authors cited by St. Alphonsus not all held this opinion. Cf. 
Ballerini, Opus Theol. Mor. 1. c. nn. 232-313; Notie ad Gury, IT. n. 636. 
Only the theologians of Salamanca teach, indeed, that these extraordinary 
signs are a help in forming a judgment as to the penitent's preparation, or 
that, when they are present, postponement is not to be resorted to, while 
they recommend this remedy as occasionally profitable and beneficial in 
uprooting the evil habit. Moreover, they always teach that to the habitual 
sinner the general rule of the Roman Catechism may be applied: "When 
(the priest), after hearing the confession, judges that neither diligence 
in the confession of the sins nor sorrow in their detestation has been 
wholly wanting in the penitent, he can absolve him," without limiting (as 
does St. Alphonsus, n. 459) these and similar expressions to the habitual 
sinner who confesses the sinful habit for the first time. The confessor need 
not be convinced, they add, that the penitent will keep his resolution, if 
only he believes that the latter is, at the time, really and firmly resolved 
to amend. But if they sometimes maintain that habitual sinners cannot 
be absolved, it is clear from the context (Ballerini continues) either that 
only those are meant who are quite certainly unworthy aTid not disposed, 
or that they prescribe this in order to avoid scandal. Ballerini remarks 
further that relapse does not show positively that the purpose of amend- 
ment in former confessions was not sufficiently efficacious; the human will 
is liable to alteration ; still less can want of sorrow and purpose of amend- 
ment in the actual confession be inferred (at least directly). Cf. Gury, 
Edit. Ratisb. V. 1874. According to Ballerini, the controversy turns upon 
the question. When has the confessor obtained a Judicium prudens seu proba- 
bile concerning the disposition of the relapsing penitent? and declares (after 
emphatically rejecting the teaching of St. Alphonsus. who finds this judicium 
in the sir/nis extraordinnriis), that there are two things indicating the actual 
disposition of the penitent: modus confessionis et confessio seu testimonium. 



524 THE MINISTER OF THE SACRAMENT 

If, however, the confessor can form a prohahile et pricdens 
judicium concerning the actual disposition of the relapsing peni- 
tent, he may absolve him even if he has often relapsed, unless 
perhaps the duty of giving up an occasion or making a restitu- 
tion has to be previously fulfilled. For even if the contrition 
of the penitent is only momentary, not persistent, it is yet true 
contrition. Because this contrition is not persistent, it is not 
sufficient with respect to its final operation, — namely, the attain- 
ment of eternal salvation; but because it is true sorrow it is 
sufficient with respect to its immediate effect, namely, that of 
procuring for the penitent absolution. As absolution conveys 
sacramental grace, it increases the strength of the penitent, 
enabling him to persevere; moreover, it remits mortal sin, so 
that if the penitent died before he relapsed, he would be saved, 



poenitentis. As to the siqna extraordinaria — after having characterized most 
of them as deceptive and untrustworthy, and only admitting a few as partly 
or wholly conducive to a better knowledge of the disposition of the penitent, 
Ballerini observes : " Hisce indiciis utique utendum esse at neque Us insisten- 
dum adeo esse, ut alia, quae insita sunt ipsius sacramenti natures, negligantur 
neque propter eorum defectum debere Confessarium desperare de cognoscenda 
poenitentis dispositione ac multo minus certum de defectu dispositionis inde Judi- 
cium ferre." Cf. n. 310. It is not to be denied that the relapsing habitual 
sinner can be truly repentant and firmly resolved in the actual confession; 
the confessor must also believe the penitent, whether he speaks in his own 
favor or against himself. But, on the other hand, it is not to be denied 
that the penitent has shaken belief in his declaration as to his repentance 
and resolution, by not amending at all and by not adopting remedies; that 
he is, therefore, to be regarded as a dubie dispositus. Finally, the confessor 
nmst provide for the reverence due to the Sacrament and for the salvation 
of the penitent, and therefore must not straightway content himself with 
the latter's assertion that he is sorry, etc. According to Gury (Ratisb. 
edit.) the teaching of St. Alphonsus may, without difficulty, be reconciled 
with the general view of the older theologians. For the signs which he 
calls extraordinary are not supposed to be different from those which others 
call regular and usual. From all this it is plainly evident that St. Alphon- 
sus and the later theologians do not demand anything more than what the 
older theologians demanded ; namely, sufficient sig7}s of true repentance ; suf- 
ficient, also, making allowance for the circumstances. Gury, II. Edit. 
Ratisb. n. 640. Appendix. De dilatione absolut., etc. 



TREATMENT OF RELAPSING SINNERS 525 

and if he died after relapse, in statu impoenitentice, he would be 
at least less guilty in God's sight, as his former sins would have 
been effaced by absolution. Moreover, a sinner of this kind — 
accustomed to the reception of the Sacraments, frequently in- 
structed by his confessor, and admonished concerning the danger 
of dying in mortal sin, the punishments of hell and their eternal 
duration, the divine mercy and goodness, and the frequent 
ehciting of sorrow and firm purpose — will, in the hour of death, 
if no priest can help him, be more easily able to save himself 
from eternal damnation by an act of perfect contrition. Hence 
the confessor must be careful to exercise, with relapsing sinners, 
that great prudence spoken of in the Roman Catechism, lest, 
having been accustomed to receive the Sacraments, they be 
debarred from them by refusal of absolution, or by imprudent 
postponement, to the great danger of their eternal salvation. ^^^ 

But if, as remarked above, the duty of abandoning some 
occasion of sin or of making restitution, etc., be incumbent on 
the penitent, it may be made a rule, for the first time, to put 
off absolution till he has performed this duty, if it is easier for 
him to come to confession again than to perform it; and this 
procedure will be still more in place if the penitent had already 
once failed to keep his promise; indeed, in this latter case, the 
penitent should only rarely be trusted before he has really ac- 
complished his duty. He may occasionally and by the way of 
exception be trusted if, for instance, he shows special signs of 
a firmer resolution, and if, on the other hand, it would be very 
difficult for him to come again — having, perhaps^ made a long 
journey, or for some other similar reason. 

II. Relapsing sinners whom the confessor sees to be insuffi- 
ciently disposed must, to the best of his abihty, be helped to a 

*63 Cf. Bucceroni, Comment. III. De absolut. danda, etc., § 5, De absol. 
consuetud. et recidiv. This author points out, in his excellent treatise, that 
this is the teaching of the great theologians, Lugo and Suarez, and the prac- 
tice of the saints. 



526 THE MINISTER OF THE SACRAMENT 

proper state of mind by his fatherly and zealous admonitions. 
He should not, therefore, dismiss such penitents by at once 
postponing absolution, still less by a prompt refusal of it. He 
should rather put before them the hideousness of sin, the value 
of divine grace, and the danger of eternal damnation.^^^ Such 
admonition will, if imparted in the proper manner, have the 
desired effect, at least if the sinner is not too much addicted 
to sin.'"' 

If the penitent should respond to these exhortations of the 
confessor with some unusual utterance, such as: ''Now I see 
the greatness of my misfortune," ''Give me a severe penance," 
" This time I am very sorry for my sins," the confessor may hope 
that success has attended them. On the other hand, he would 
have to fear that he had labored in vain if the penitent should 
answer nothing more than that he is sorry, that he wished to 
avoid sin, or if to the confessor's questions he only gave cold 
and indifferent answers. But here also the character and edu- 
cation of the penitent are to be considered, and there is room for 
deception.^®^ 

III. If, in spite of the exhortation, the penitent remains indis- 
posed, the confessor must postpone absolution till he has received 
satisfactory proof of amendment. This he must do as judge in 
order to preserve the Sacrament from nullity, and also as phy- 
sician in order to move the penitent to an effectual amendment. 

If the confessor finds himself obliged to postpone absolution, 
he must inform the penitent of it in the gentlest manner, for 
the good physician endeavors to make bitter medicine taste 
pleasant.^®' If, however, there is a sohd reason, absolution may 

464 Of. S. Alph. 1. c. n. 608; Const. Leonis XII, "Charitate Christi," 25 
Dec, 1825. 

465 Cf. Ballerini, Opus Theol. Mov. 1. c. ii. 311. 

466 Berardi, 1. c. ii. 116. Cf. S. Alph. 1. c. n. 460. 

467 S. Alph. Lib. VI. n. 459; Praxis Conf. ii. 5; Leo XII, Const, citat. ; 
Ballerini, Opus Theol. Mor. n. 313 ss. Couipare § 52, Postponement of ab- 
solution. 



TREATMENT OF BELAPSING SINNERS 527 

be given to a doubtfully disposed relapsing sinner sub condi- 
tione. For if more harm than benefit is to be anticipated from 
the postponement, the salvation of the penitent demands, as 
St. Alphonsus says/®^ that the Sacrament be exposed even to 
the risk of nullity. 

The confessor may act in accordance with the above prin- 
ciples in the following cases: — 

1. In danger of death, that the penitent may not be lost. 

2. On account of imperfect use of reason, when the penitent 
is w^eak in mind, or is a child not yet arrived at an adequate use 
of reason, and has relapsed into doubtfully grave sins ; for such 
penitents require absolution in order not to remain in a state 
of mortal sin, and on the other hand postponement would have 
no effect with them. 

3. When the confessor fears that the penitent will not 
return. This is much to be dreaded by reason of the weak 
faith of many people and their scanty zeal for the welfare of 
their souls. 

4. On account of the urgency of contracting a marriage on 
the same or the following day, or of receiving holy communion, 
in order to avoid great scandal; and even if a doubtfully dis- 
posed person ought not to communicate, prudence will often 
suggest to the confessor not to inform him of this. 

5. On account of the difficulty of going to confession again, 
that is, if the penitent would not be able to confess again for a 
long time, as a prolonged postponement of absolution would re- 
main without fruit, and leave the penitent during that time in 
a state of mortal sin. This reason, however, does not suffice in 
the case of relapsing sinners who have neglected to make resti- 
tution, to terminate an enmity, or to give up some occasion of 
sin.^«^ 

IV. Relapsing sinners, as to whose dispositions the confessor 

468 L. c. nn. 431, 28. 

469 S. Alph. 1. c. n. 432. Cf. Berardi, De recidivis, etc., n. 119 ss. 



528 THE MINISTER OF THE SACRAMENT 

has satisfied himself, may be, toties quoties, absolved, inasmuch 
as he is judge. 

It is to be remarked, however, that (a) a relapsing sinner 
who returns for the first time can be more easily absolved than 
if he comes a second and a third time to confession after having 
relapsed. The more numerous the relapses after confession, 
the stronger is the presumption against dispositions. (6) If 
some external occasion is the cause of this relapse, the confessor 
must the more seriously consider if it would not be better to 
postpone absolution, in order to test the sincerity of one who has 
so often broken his promise to remove or abandon this occasion ; 
and he must not give credit to mere promises, or even to tears. 
For the obHgation is rather to remove an external occasion 
of sin than to reduce it to a remote occasion, because experience 
proves abundantly that this latter course is very difficult, and 
it is in many cases easier to abandon the occasion.^^^ 

If, however, the relapse is the result of internal weakness, 
and the penitent does not seem sufficiently disposed for the 
reception of absolution, the confessor should employ all his 
zeal and charity in preparing him for absolution. For the grace 
of the holy Sacraments is very necessary to such penitents, 
and postponement of absolution would not be helpful in their 
case. These are the penitents who yield to violent temptations, 
or the stress of passion, in consequence of internal weakness 
(we have designated them above recidivi incontinentes) . Never- 
theless, there may be cases in this class of penitents also, in 
which severity is to be used, or in which holy communion at 
least must be forbidden, when it is evident, or to be presumed, 
from the frequent relapses accompanying the frequent re- 
ception of the Sacraments, that detestation of sin and firm 
resolution have been or are wanting. But if it is to be presumed 
that the relapse takes place rather in consequence of the Sacra- 

470 Cf. Lehmkuhl, 1. c. n. 494. 



TREATMENT OF RELAPSING SINNERS 529 

merits being seldom received, the penitent must be encouraged 
to more frequent reception/ ^^ 

V. Even if the relapsing sinner could absolutely be absolved, 
the confessor may sometimes postpone absolution for a short 
time as a remedy, if he believes that such postponement is 
necessary, or will be useful. For, of two suitable remedies, the 
physician must choose that one from which the better effect 
may be expected. Now it is universally admitted and proved 
by experience that an occasional postponement of absolution 
for a short time contributes much to the improvement of the 
habitual sinner by increasing his detestation of sin and exciting 
his zeal in the work of amendment. ^But great prudence is 
demanded in venturing upon this experiment, especially in our 
times, when difficulty of any kind induces weak people to absent 
themselves from the holy Sacraments.^^^ 

The postponement of absolution in the case of a sufficiently 
disposed relapsing sinner without his consent is certainly not 
allowable, if it either failed to benefit his soul, or if it were 
to bring disgrace, or even the danger of it, to his reputation. 
Except in these two cases, postponement of absolution is left 
to the discretion of the confessor. St. Alphonsus*^^ distin- 
guishes here between those who relapse in consequence of in- 
ternal weakness, and those who relapse on account of an occasion, ^'^'^ 
and teaches that postponement is seldom beneficial with the 
first class ; for here a better result is to be anticipated from the 
graces of the Sacrament than from postponement. For those 
especially who relapse into the sin of pollution there is no more 
efficacious means of amendment than frequent confession; 
indeed, without this, improvement is scarcely to be hoped for. 
But an opportune threat of deferring absolution will always 
prove beneficial. With sinners of the second class postponement 
is useful because the external occasion is a stronger incitement 

4-1 Cf. § 52, IV. 472 cf. S. Alph. n. 459 ; cf. 432. 

4'3 L. c. nn. 463, 464 ; Praxis Conf. nn. 76, 77. ^74 gee above, IV. 



530 THE MINISTER OF THE SACRAMENT 

to sin, and a more powerful remedy must be opposed to a more 
powerful agency of seduction; moreover, the removal of the 
occasion is more under the control of the will than the uprooting 
of a sinful habit. With relapsing sinners of the first class a 
postponement of from eight to ten days generally suffices; 
from two to three weeks would be the longest period during 
which absolution should be deferred. With those of the second 
class a postponement of ten to fifteen days will generally not 
suffice, but the experience obtained within the space of a month 
will always be sufficient. The postponement should not extend 
over a month, if the penitent cannot come under the influence 
of the occasion during the course of this time, because delay 
under the circumstances would be useless. 

69. Relapsing Sinners requiring^ Special Care. 

There are two classes of relapsing sinners to whom the con- 
fessor must devote special care: those who are despondent, 
and those w^ho are always relapsing into the sin of pollution. 

I. As to the first, he must endeavor to find out the cause of 
their despondency. If this proceeds (1) from the strength of 
the sinful habit, the confessor must take care not to excite fear 
in one whose will is good but who makes little progress; on the 
contrary, he must praise him even if he sees only -a slight improve- 
ment, and inspire him with hope of finally achieving complete 
amendment with the help of divine grace. Courage, hope of 
victory, and perseverance are necessary to such a penitent. 
If he falls a hundred times, he must rise a hundred times and 
renew the struggle; victory will not fail him who perseveres. 
But if (2) an effeminate disposition accompanies these relapses, 
the confessor must stimulate the penitent. He must teach him 
that everything is possible to us with the help of divine grace, 
if we earnestly will and wish to succeed; for so St. Augustine 
encouraged himself in his struggle against the flesh. ^^When/' 



RELAPSING SINNERS REQUIRING SPECIAL CARE 531 

he writes/^^ " the rooted habit said : Do you think you can live 
without these things? Hope spoke encouragingly: Can you 
not do what these young men and women do? And are they 
able to do it of their own strength, and not in the Lord, their 
God?" The confessor should urge the penitent, not in tempta- 
tion only, but in all his doings, to act bravely and manfully; 
he should seek to divert him from everything that enervates 
the mind. If the despondency has its origin in carelessness, 
let the confessor point to the terrible punishments of sin and 
endeavor thus to arouse salutary fear/^^ 

II. Pollution is a truly murderous vice, and, according to 
the testimony of all confessors and physicians, appallingly 
prevalent. Its consequences are as ruinous as its cure is 
difficult. 

If the confessor purposes to terrify unhappy penitents by 
depicting the dreadful consequences of this vice, let him pro- 
ceed with caution, for not all who are addicted to it experience 
them in full measure, and those who do not would give him 
the lie. Some of these consequences are : nervous prostration, 
consumption, epilepsy, spinal diseases; excess saps physical 
vigor, dulls the understanding, impairs the memory, and 
hastens death. Depression of spirits is also a characteristic 
of such people, a result partly of nervous exhaustion and partly 
of remorse. Rarely, indeed, is the conversion of such a man 
effected without the higher motives of religion. That he must 
be treated with extreme prudence is evident. Earnest but 
loving admonition instilling moral strength will soonest attain 
to the desired end. The origin of the evil and the causes 
which form the occasions of the individual sins (which must 
be investigated) will suggest appropriate precautions.*^^ 

475 Confess. Lib. VIII. cp. 11. 

4"6 Renter, Neo-Confess. n. 181 ; cf. Aertnys, 1. c. n. 314, Q. 8. 
■*'^" Compare Capellmann, Pastoral Medicine, B. The sixth command- 
ment T. 



532 THE MINISTER OF THE SACRAMENT 

Here are some rules for the confessor of such penitents : — 

1. Let him excite in them a great longing to be freed from 
the vice, and inspire them with courage for the struggle and hope 
of ultimate victory; otherwise his remedies will be fruitless. 
To this end, let him point out the danger of eternal damnation ; 
for the more the sins accumulate the more difficult salvation 
becomes, and the stronger the habit the weaker the will. To 
inspire courage let the priest reawaken in him a feeling and sense 
of his dignity as a man and a Christian, which is outraged by 
this vice. 

2. The penitent must shun all dangerous occasions, avoid 
idleness and solitude; take no part in improper amusements, 
theaters, and dancing, as they excite impure fancies and en- 
feeble the mind. 

3. Further remedies are: frequent prayer — especially the 
'^Hail Mary" in honor of the most pure Virgin, each time re- 
newing before her picture the resolution to sin no more. Medi- 
tation on the eternal truths will always prove very efficacious. 

4. When temptation arises the penitent should turn away 
his mind from it at once; and if it persists, confidently pray, 
pronouncing the names of Jesus and Mary. He may also reflect 
upon the sufferings of Our Savior, on the eternal flames of hell, 
the presence of God. Very useful also is a fervent act of love, 
accompanied by a resolution rather to die than -to sin. 

5. One of the surest remedies is, undoubtedly, marriage — 
as the Apostle also teaches (1 Cor. vii. 2, 9). Add to these 
other natural remedies in support of the supernatural ones, 
such as : moderation in eating and drinking — especially absti- 
nence from wine and stimulating food in the evening; modera- 
tion in sleep; physical exercise; early rising; at night, prayer 
till sleep sets in. 

But in order that the confessor may select suitable remedies, 
he must know the physical constitution of the penitent and the 
circumstances of his sins; namely, when, where, and under 



RELAPSING SINNERS REQUIRING SPECIAL CARE 533 

what conditions he generally sins. The confessor should not 
omit to prescribe or recommend such of the above-mentioned 
remedies as are -adapted to the penitent/^^ 

III. From the rule given above, according to which relapsing 
habitual sinners can be absolved when they are sufficiently 
disposed, clerics, who wish to receive Holy Orders immediately 
after absolution, form an exception. They may not, as a rule, 
be absolved till satisfactory proof be given of their self-restraint. 
Such a penitent must first have laid aside his bad habit during 
a considerable time, at least during several months. For a 
sacred minister would be unworthy to assist at the altar if he 
did not possess the virtue of confirmed purity, seeing that the 
higher Orders demand perfection in those who enter them, 
both on account of the sacredness of the duties connected with 
the Orders, as also on account of the good example which they 
are bound to give to the faithful. '^ As those," says St. Thomas, 
" who receive Orders, are, by virtue of their dignity, placed above 
the people, so must they be conspicuous also by the merit of 
holiness." ^^^ And in another place he enforces this still more, 
saying: ^^As the minister is by his ordination set apart for the 
highest office, in which he serves Christ Himself in the Sacrament 
of the Altar, a greater interior holiness is demanded for this 
than even the religious state requires." ^^^ Therefore, it by no 
means suffices for the worthy reception of Holy Orders to be in 
a state of grace ; positive and habitual holiness is required. St. 
Alphonsus establishes this abundantly from Holy Writ, fromi 
the definitions of the Church, and from the teaching of the 
holy Fathers. 

If, therefore, a cleric sincerely promises that he will not re- 
ceive Holy Orders while addicted to such bad habit, he may be 

478 Cf. S. Alph. Lib. III. n. 209, Lib. V. n. 8, Lib. VI. nii. 464, 75 ; Prax. 
Conf. n. 6, nn. 16, 124 ; Segneri, Instr. Conf. cp. 12 ; S. Leonard a Port.-Maur. 
Discors. mist. n. 19 ; Aertnys, \. c. n. 314, Q. 7. 

4'9 SuppL Q. 35, a. 1, ad 3. ^so h. n. Q. 184, a. 8. 



534 TFIE MINISTER OF THE SACRAMENT 

absolved; still it would be preferable, if no obstacle presented 
itself, to postpone absolution for a time. If, however, he should 
persist in his purpose of receiving Holy Orders, he would thereby 
make himself unworthy of both Sacraments. An exception 
is to be made in the case of a person favored by God with such 
extraordinary compunction that he is quite transformed by it 
and delivered from the old weakness, — such a one the confessor 
can absolve and admit without any further probation to Holy 
Orders. But in this case also the confessor should endeavor 
by every means to induce the penitent to postpone the recep- 
tion of Holy Orders, so that he may better purify himself from 
the l:)ad habit and carry out the resolutions he has made. In- 
deed, if the penitent will not postpone the reception of Holy 
Orders, the confessor, as physician, may, for this purpose and 
for his spiritual profit, delay absolution so as to force the former 
to put off his ordination. This applies when no danger of 
disgrace arises from such postponement, for, otherwise, the 
penitent who gives signs of extraordinary sorrow is entitled 
to immediate absolution. " Ceterum Confessarii dehent esse 
difjiciles, quantum fieri potest, in absolvendis hujusmodi ordinan- 
dis, qui postmodum ordinarie pessimi evad.unt preshyteri et sic 
populis et Ecclesioi perniciem magnam afferunt^ 

The above holds good not only with respect to the vitium 
luxurice, but also with regard to any other vice.' 

A confessor administering absolution according to the above 
principles provides for the interests of the Church, as well as 
for those of the faithful and for those of the persons to be or- 
dained. *^^ If it is objected that the person to be ordained 
would be brought into evil repute by such proceeding, it may be 
answered, in denial of this, that ordination may be postponed 
for many reasons and that pious youths not infrequently desire 
such postponement. And if the consequences stated in the 

481 S. Alph. H. Ap. Tr ult. nn. 16, 17, Lib. VI. nn. 63-77; Benedict XIV, 
J)e Synod. Lib. XL c. 2, ii, 17. 



B ELAPSING SINNERS REQUIRING SPECIAL CARE 535 

objection were really to supervene, the evils resulting from 
hasty ordination are by far more fatal. Nor is the want of 
priests, which prevails nearly everywhere in our days, reason 
for rejecting the above teaching, which is entirely based upon the 
principles of the saints and of the Church. It would be a dan- 
gerous remedy to apply to the evil of scarcity of priests. More- 
over, experience of centuries proves that the number of priests 
increases when and where the discipline of the Church is strictly 
enforced. St. Thomas remarks, '^God never so abandons His 
Church that worthy servants of the altar in sufficient numbers 
are not to be found, if only the worthy are ordained and the 
unworthy debarred from ordination." ^^^ 

To conclude this very important section, we will call the 
attention of the confessor to two Instructions given by the 
Congregation de Propag. Fide. In these the practice of ''in- 
discriminatim^^ absolving relapsing sinners, adopted by some 
confessors, is strongly rebuked and condemned. One Instruc- 
tion (Aug. 1827) appeals first to the twofold power of absolv- 
ing and remitting sin to which this practice is entirely opposed, 
and then to the teaching of the Rituale Roman. (Tit. De Sacram. 
Poenit.) : '^But let the priest take heed when and to whom abso- 
lution is to be administered or refused." Now this would not 
be prescribed if absolution were to be given to all without dis- 
tinction, including relapsing sinners and penitents living in a 
habit of sin. The penitents being divided (as above specified) 
into three classes, to whom absolution is to be given, or post- 
poned, or refused, respectively, the Instruction concludes: 
'^Thus teach prudent theologians, the Instructions given to 
confessors by St. Charles Borromeo, and by St. Francis of Sales. 
Confessors must reflect that, from too great ease in obtaining 
absolution, there results a great ease in sinning." In the other 
Instruction (April, 1784) the confessor is reminded of his duty 

*S2 Suppl. Q. 36, art. 4, ad 1. Cf. Iiinoc. III. in cap. 14, de act. et qual. 



536 THE MINISTER OF THE SACBAMENT 

to examine into the gravity of the sins, the obstinacy of the 
malady, and the dispositions of the penitent. He must, there- 
fore, carefully inquire if the penitent has true sorrow ; if he has 
entered upon a new Hfe, detesting the former; if he promises 
amendment with the heart, and not with the mouth alone; 
if he has abandoned the occasions of sin; if he has applied the 
remedies previously recommended to him; if he has laid aside 
the habit of sinning; if, having previously received absolution, 
he has relapsed into the same sins in consequence of his de- 
pravity; if he is ready to repair injury inflicted. These, and 
many other things, the confessor must examine before he con- 
fers upon the penitent the blessing of absolution.^®^ 

70. Penitents aiming at Perfection. 

As we have seen in previous sections, the confessor must 
treat with great care and zeal those penitents who are stained 
with grave sins and vices; but he must not, on that account, 
neglect those who are striving after virtue and perfection. A 
penitent who has preserved himself free from grave sin and is 
capable of perfection claims, as St. Alphonsus teaches, all the 
confessor's care as guide along the path to perfection and divine 
love.^«^ 

But as this is no Hght and easy matter, and' as it involves 
responsibility on the part of the confessor, he must pray to 
God for light and endeavor to learn the natural disposition of 
the penitent and the operation of the Holy Ghost in his soul. 
For all are not to he led in the same manner. The phlegmatic, 
the choleric, the melancholy, and the sanguine must all be 
differently treated. While the phlegmatic must be spurred on 
that they may not become lukewarm, the choleric must be 

483 Cf. Collectanea S. Sedis, nn. 497, 494. 

^84 Praxis Conf. cp. 9, n. 121. Compare the excellent treatise in Benger's 
Pastoral Theology, Book 4, § 172. Perfection. 



PENITENTS AIMING AT PERFECTION 587 

restrained that they may not go too far, whilst they are guided 
to the nobler and more exalted works and exercises in the ser- 
vice of God. With the melancholy, care must be exercised 
that they do not give way to sadness, do not isolate themselves, 
and imagine everything more difficult than it is in reality; the 
sanguine must be prevented from allowing themselves to be 
hurried by natural impulse into what exceeds their strength; 
the confessor must insist upon their weighing everything 
well, and then acting with firmness/^^ The guide of souls 
seeks to recognize the operation of the Holy Ghost in his 
penitents, and he will carefully follow up this operation. For 
the Holy Ghost dwells in the soul of the just man; He is the 
teacher of the interior life and the invisible guide to perfection. 
The confessor's duty is to cooperate with the Holy Ghost. St. 
Ignatius remarks wisely: '^To wish to lead all to perfection 
by the same road is full of danger ; such a one does not under- 
stand how manifold and abundant the gifts of the Holy Ghost 
are." 

Nevertheless, there are certain general principles and rules 
which are useful to all in obtaining Christian perfection. As 
the saints, approved theologians, and masters of the spiritual 
life have laid them down, we reproduce them here in brief : — 

1. Perfection consists for each one in performing well his 
ordinary work; and he does it well who does it because, and 
when, and as God wishes — His most holy Will being the source 
and rule of all perfection. 

2. Penitents must be led gradually and regularly {non per 
saltum) to perfection; for example, they must first act with 
the right purpose and intention and learn to imitate the actions 
of Christ before they contemplate higher things; they should 
first learn to bear easier trials patiently before demanding more 
difficult ones. 

485 Reuter, mo-Confess, n. 245. Cf . Lehmkuhl, 1. c. n. 499 ; Benger, 
§ 174, n. 5, I. 



538 THE MINISTER OF THE SACRAMENT 

3. The confessor should admonish them constantly to cherish 
the desire for greater perfection, even if in certain instances 
they never seem to attain to it ; for such a desire will have this 
effect, that they will at least reach that perfection of which they 
are capable and they will acquire greater merit. 

4. He must instruct them to confess every week, and induce 
them to avoid even venial sins which are voluntary and dehber- 
ate, also to give up any attachment to these sins. Those who 
confess venial sins which they have not committed with delibera- 
tion, hut from human weakness, must always be absolved ; those 
who have committed venial sins with deliberation, but not from 
habitual attachment to them, must be absolved, but, at the 
same time, helped and incited earnestly and zealously to en- 
deavor, by employing the means recommended by the confessor, 
to avoid them; those who are accustomed to confess venial 
sins which they have committed without any resistance, from 
habitual attachment or custom, give rise to the suspicion that 
they are not properly disposed; the confessor, therefore, must 
dispose them to true sorrow for at least one venial sin, and to a 
firm purpose of amendment, in order that they may be absolved 
without sacrilege. Occasionally, however, as in the case of 
other relapsing sinners, absolution may be postponed. The 
confessor should not easily forbid them to confess their imper- 
fections, — ^ for example, that they have not consecrated their 
actions of the day to God, nor said the prayers of a confrater- 
nity, etc., — because such self-accusations contribute to a better 
knowledge of the penitent's spiritual state, exercise humiUty, 
and produce tenderness of conscience; besides these imperfec- 
tions often go along with some venial sin.^^^ The same appHes 
to the transgression of those rules in a Rehgious Order which do 
not bind under sin. And if the penitent confesses only imper- 
fections which do not positively amount to venial sins, or other 

486 Cf. Lugo, I)e Pren. Disp. 16, Sect. 2, n. 103. 



PENITENTS AIMING AT PERFECTION 539 

doubtful sins, let the confessor observe what we have said above 
(§ 6). Let him see that they always go to holy communion 
well prepared and not from mere custom; for a single com- 
munion after good preparation is worth more than many com- 
munions received in a state of tepidity. The confessor, however, 
must distinguish carefully true zeal and fervor from sensible 
devotion. 

5. The confessor should teach them to master their passions; 
especiaUy their predominant ones, for which purpose the par- 
ticular examination is eminently adapted. He should induce 
them to practice virtues, and that in the right order, namely : 
(a) first the virtues demanded by their position and profession ; 
he should not, therefore, permit young women to hurry from 
one Church to another, or to remain there longer than is right 
and necessary, thus neglecting important duties, their famihes, 
etc. He should exhort them rather to perform their household 
work faithfully and zealously; (h) they should be instructed 
to practice more zealously those virtues against which they are 
tempted; finally (c), he should exhort them not to prefer those 
virtues which are more conspicuous and more esteemed by men, 
but to strive after those which are in themselves more excellent 
and useful and more pleasing to God, such as humihty, obe- 
dience, meekness, patience. ^^^ (d) He should also urge them 
to be faithful in small things; for God does not generally ask 
great things from us.**^ 

6. He should not impose upon them extraordinary exercises; 
indeed, he should not even permit them easily. At the same 
time he must not prevent mortifications and practices of penance, 
even exterior ones; but they must be proportioned to the 
corporal and spiritual powers of the penitent. What saints 
have sometimes done, or allowed others to do, cannot serve as 
a rule, but is more to be admired than imitated. 

487 Cf. S. Franc. Sales. Philoth. P. III. cp. 1 et 2, 

488 Pi-anc. Sal. ibid., cp. 35. 



540 THE MINISTER OF THE SACRAMENT 

The confessor must also have regard for the special dangers 
and temptations which may attend those who are striving after 
perfection: — 

1. Those w^ho at first were, by God's grace, cheered with 
spiritual consolation easily lose courage and relax in their zeal 
when He, for their trial, and to lead them to higher things, 
withdraws from them sensible devotion. If the confessor 
observes this, he must instruct them in what true progress and 
true virtue consist; but penitents must be warned in advance 
of this state of the soul. 

2, The devil seeks to make those who are progressing in virtue 
believe that they have advanced far enough, and endeavors to 
produce within them the beginnings of lukewarmness. They 
become neghgent in their accustomed pious exercises, lay aside 
first one and then another mortification, and begin to disregard 
slight faults. In this there is a great danger lest, gradually 
relaxing in zeal, they at length fall into grave sin at the first 
temptation, which the devil prepares for them when they have 
become sufficiently tepid. It is difficult to perceive the begin- 
ning of lukewarmness, but not its progress, and when the evil 
shows itself, the confessor must endeavor with zeal and prudence 
to check it and prevent it from becoming worse. To this end 
the penitent may be ordered to resume all the pious exercises 
which he has neglected; he should be reminded of the loss 
of grace, of its value, the dangers of lukewarmness. If the 
penitent, before his relapse, had made considerable progress in 
virtue, he should be admonished to make a retreat. The con- 
fessor should not abandon hope even if the penitent has seriously 
failed. He must receive him in a friendly manner and show 
compassion, for in this case severity would be poison. He 
should remind him of Peter and Magdalen, who obtained so 
many graces by their tears of sorrow and rendered themselves 
worthy of the special love of Our Savior. On the other hand, 
the confessor must urge the penitent to love God more, to de- 



PENITENTS AIMING AT PERFECTION 541 

velop greater zeal in His service, and to repair his shortcomings 
by redoubled obedience, to adore the divine Justice, to humble 
himself deeply, and to live more carefully in the future. 

If the penitent informs the priest that he has had extraor- 
dinary consolations, and that his methods of prayer are unusual, 
the latter should not show himself altogether incredulous in 
these matters; but should calmly and carefully examine if any 
signs of hallucination are present/^^ 

Whilst there would be danger in promoting the deceptions 
of Satan by imprudent creduhty, very great injury might be 
done, on the other hand, by increduhty and contempt. That 
he may not be taken unawares, the confessor should familiarize 
himself with treatises on spiritual life ; for even in the humblest 
station of life God may manifest His special graces.*^" 

We give a few general rules : — 

1. We must be more careful when the sense of spiritual con- 
solation in a penitent has been preceded by some external cause, 
or when some object which, in the natural course of things 
might produce such consolation, has been presented to the senses, 
than in the case of consolation by which suddenly, and without 
any previously existing cause, the higher powers of the soul 
seem filled with great light. The cause of the latter can only be 
God (St. Ignatius). For only God can directly influence the 
higher faculties of the soul — the understanding and the will. 
The devil can only do so indirectly; he can cause sensible devo- 
tion, excite tears and other effects which depend upon the 
bodily powers (Renter). 

*^^ Renter says : " It is indeed true, as the Apostle remarks in the First 
Epistle to the Corinthians, that the Spirit of God is wont to instruct us Him- 
self and through the ministry of His good angels. Not seldom, however, 
Satan transforms himself into an angel of light, deceiving men with the 
intention of ruining their souls. Those become easily entangled in these 
snares who are presumptuous in spiritual matters." Neo-Conf . n. 247. 

^^•^ Scaramelli, Directorium mysticum; S. Alph. Praxis Confess, nn. 247- 
251 ; St. Ignatius of Loyola, Book of Exercises; Comp. Zenner, Instr. pract. 
Confess. P. II. Sect. 11. cp. 1, § 261 ; the Monita S. Philippi Nerii. 



542 THE MINISTER OF THE SACRAMENT 

2. The good Spirit suggests nothing which is opposed to truth, 
to Holy Writ, the doctrines of the Church, the practices of the 
saints, the hfe of Christ; nor anything frivolous, idle, inap- 
propriate. 

3. The good Spirit incites to self-denial, to mortification, 
endurance of adversity, imitation of Christ, resignation to the 
will of God, submission of private judgment, perfect obedience, 
humility. 

4. The good Spirit is modest, and, therefore, proceeds to all 
its work in an orderly manner ; it incites, as a rule, only to what 
is usual and ordinary and adapted to each one's powers, without 
the intervention of miracles. For the ordinary road to heaven 
is God's own design; and if, nevertheless, He sometimes in- 
spires extraordinary things, it is almost exclusively in the case 
of souls who are already rooted in humility and do not strive 
after empty honors. 

5. It is a sign of the operations of the Holy Spirit when the 
penitent is humble of heart, not desiring extraordinary things, 
not aspiring to astonishing exercises, making his holiness con- 
sist in the faithful performance of the ordinary duties of life, 
holding himself unworthy of the gifts of God, not exalting him- 
self above others on account of these gifts, rejoicing to be 
despised if the confessor treats his lights as pure illusions, main- 
taining secrecy about his gifts. 

6. But even when an emotion does come from God, a tempta- 
tion from the devil or some inordinate natural affection may 
intrude itself, so that one might conclude that the consolation 
or the light which the penitent has received is not from God; 
as, for instance, would be the case where signs of pride were 
visible. 

But whatever be the origin of these interior emotions and 
illuminations, the individual must always employ them for the 
purpose of increasing his contempt of self, both in his own eyes 
and those of others, in intensifying his longing to imitate Christ 



HYPOCRITICAL PENITENTS 543 

in His poverty, humility, and suffering; and if he zealously 
pursues this object, the purposes of the devil will be defeated 
if the inspirations emanated from him. 

7. Obedience, even against the proper judgment, is a good 
sign, and absolutely necessary. Gladly and readily revealing 
what seems to redound to one's credit, seeking praise by means 
of extraordinary gifts, displeasure if the confessor hesitates, are 
bad signs. 

The confessor should not wish to have as penitents persons 
who lay claim to extraordinary gifts, nor, prompted by vanity, 
should he take pleasure in the flatteries which such persons 
offer to him. If he is so foolish and vain, he can only ascribe it 
to a just judgment of God if he at last discovers that, in pun- 
ishment of his vanity and imprudence, persons who suffered 
from illusions have deluded him also.^^^ 

71. Hypocritical Penitents. 

The confessor must be able to distinguish penitents who seri- 
ously strive after perfection, truly pious penitents, from those 
whose piety is merely a cloak. The piety of these latter consists 
entirely in outward practices; they visit churches a great deal, 
say many prayers, go to confession often, and receive holy com- 
munion several times in the week. And yet they neither know 
anything of true and solid virtue, nor strive after it, but, on 
the contrary, are full of faults. They remain longer in church 
than is necessary, with the result that parents, husband, or wife 
are inconvenienced, and household duties are neglected. They 
receive the Sacraments often — to be seen and praised by men ; 
and if the confessor does not allow them to approach holy com- 
munion as often as they wish, they are angry with him. In 
the confessional they wish to talk much to the confessor when 

^91 Lehmkuhl, 1. c. n. 505. Compare Benger, Pastoraltheologie, (1 Ed.) 
Vol. III. § 174, (2 Ed.) Vol. II. Book 4, § 174. 



544 THE MINISTER OF THE SAC B AMEN T 

there is neither use nor necessity for it. The spirit of mortifi- 
cation is utterly wanting in them ; they are, therefore, attached 
to the pleasures of the table, dislike work, and are loquacious. 
They are neither humble nor obedient; they do not submit to 
the guidance of their confessor, but act as though he should 
rather obey them; they deceive him by confessing trivial sins 
and concealing grave ones. They seek praise and honor, are 
impatient under correction, despise others, and blame them arro- 
gantly. They are wanting in charity, and, consequently, cause 
trouble among their familiars; they envy others, are given to 
anger, have no care for the honor and good name of others, etc. 
With these hypocritical persons must be classed those, par- 
ticularly women, who wish to unite piety to a worldly life. 

But there is another class of women who adorn themselves 
with a show of piety ; namely, those quae sunt captcc amore Con- 
jessarii. Malum profecto, quo non ipsa^ tantum in perniciem 
ruunt, sed eiiam Confessarium, nisi eos dimittat, ruince participem 
reddunt. Persona talis nullam hahet requiem; torquet earn desi- 
derium colloquendi cum Confessario unde, quoties facultas ipsi est, 
ad Confessarium redit; torquet earn sollicitudo, qua illi placere 
gestit, diffidentia et metus ne ah ipso deseratur, zelotypia ne alice 
apud ilium gratia magis polleant. The confessor must repri- 
mand them in season or out of season, that they may enter into 
themselves, and strive after true and solid piety. If he is not 
successful, he must endeavor to rid himself of them, or dispatch 
their confessions quickly. There are, moreover, extraordinary 
possibilities of hypocrisy in some women. ''All malice is short 
compared to the malice of a woman," according to Jesus Sirach 
(25, 26). Inde coniigit, ut jemince jalso devota^ finxerint se infir- 
mas, postea miracido sanatas atque puhlicas gratiarum actiones 
impetrarint pro valetudine sic recuperaia; alice finxerunt vexa- 
tiones et verhera a davnone ipsis illata ; alia' ementitx sunt visiones 
et revelationes, necnon extases simularunt aliaque portenta jahricatce 
sunt. By such cunning contrivances these persons wish to draw 



SCRUPULOUS PENITENTS 545 

the attention of others towards themselves, and to be honored 
and admired, or to excite the pity of priests, vel, quod pejus est, 
castitati alicujus Sacerdotis insidias struere volunt. The best 
remedy against all this is not to believe such things, and to ignore 
the persons in question /^^ 

72. Scrupulous Penitents. 

No little trouble is caused to confessors by scrupulous per- 
sons. The word "scruple," in its real and primary sense, means 
a little stone which inconveniences the • wayfarer. Similarly, 
in its transferred sense, it means some little spiritual obstacle 
which prevents a man from performing an action because, for 
some vain and worthless reason, he fears that he will commit 
sin. A scruple is, therefore, fear of sinning, where no ground 
for fear exists. The confessor must know the signs of scruples, 
their causes, and their remedies. 

I. Marks of scrupulosity : — 

We will premise that: (1) a person is not scrupulous because 
he has a scruple occasionally, but only when he is habitually 
subject to them; (2) frequently a man himself cannot tell if 
he is scrupulous or only of an anxious conscience ; he must, there- 
fore, rely upon the judgment of a prudent confessor; (3) the 
confessor himself cannot always positively decide when he first 
treats a penitent if he is scrupulous or not ; he must, therefore, 
abide and observe till he knows the penitent better, for as it is 
dangerous to treat a scrupulous person according to general 
rules, it is injurious to guide others by the rules applicable only 
to the scrupulous; (4) the confessor must use very great dis- 
cretion and prudence in dealing with penitents who are scru- 
pulous on one point but lax as regards other things. 

492 Cf. Aertnys, Instr. pract. P. III. cp. 6, art. 2, n. 218; Benger, 1. c. ; 
Stohr, Pastoral Medicine, 2 Ed. p. 334 ; Kerschbaumer, Paterfamilias, Part 
IV. chap. 7, 8. 



546 THE MINISTER OF THE SACRAMENT 

The characteristic signs of a scrupulous person show them- 
selves in this : (a) that, upon slight grounds, or none at all, he 
changes his judgment, holding the same thing to be allowable 
one moment, and forbidden the next; (6) that he fears to 
commit sin by doing something which a competent confessor 
has already told him to be allowed, and which he sees other 
conscientious men do and which he himself would, in his own 
judgment, consider to be allowed if he were not obliged or did 
not wish to do it at that time ; (c) that he is agitated for fear 
he should sin, and cannot account to himself for this anxiety; 
(d) that he clings obstinately to his own judgment, placing no con- 
fidence in the decisions of learned men, or the confessor ; (e) that 
he repeatedly asks whether a thing is allowed, although he has 
several times received an answer on the point ; (/) that he pon- 
ders over circumstances connected with an act which exercise no 
influence at all upon the moral value of the action, and which 
other men generally disregard altogether ; (g) that he holds for a 
sin that which the most conscientious men commonly do without 
thinking of sin ; (h) that he is perpetually anxious about his con- 
fessions, lest they should be invalid, although the confessor has 
declared them to be vaHd, even after a careful repetition of the 
confessions has already taken place /®^ 

From these indications the confessor is able to judge if his 
penitent is scrupulous. We must not mistake them, however, 
for the following circumstances, which would be of little assist- 
ance in recognizing the malady, as they are found not only with 
the scrupulous, but also with those who have tender consciences. 

1. If the penitent is concerned, and reasonably anxious, not 
to offend God even in the slightest degree or to atone immedi- 
ately for a sin committed, he is not on this account a scrupulous 
person. 

493 S. Alph. Lib. I. n. 11 ; Aertnys, 1. c. Lib. L Tract. IT. ii. 49 ; Lehm- 
kuhl, Theol. Mor. Geiier. Tract. IL n. 57; Stotz, Trib. Poenit. L P. V. Q. 
III. n. 176. 



SCBUPULOUS PENITENTS 547 

2. If some one after living a long time in grave sin is con- 
verted, makes a good confession to the best of his abihty, and, 
within a moderate period, say half a year, for example, still 
thinks he cannot do enough and wishes two or three times to 
reconfess his sins, he must not be at once set down as scrupu- 
lous. After that time, however, the penitent must be forbidden 
to say anything about former sins, or even to investigate whether 
he has confessed everything correctly. Only if the penitent 
was accustomed to conceal sins in the confessional might he be 
allowed to continue during a longer time to confess sins which 
might occur to his mind after the general confession.*^* 

3. If a person doubts whether he has sinned in some particu- 
lar instance we are not to conclude that he is scrupulous; for 
a doubt may be absolutely, or relatively, reasonable.*^^ 

If the confessor tells the penitent that he is scrupulous, the 
latter must certainly beUeve him ; but it is often very difficult 
to convince the penitent. He is rather disposed to consider 
others thoughtless and less conscientious, not excluding the 
confessor, or to think that the latter does not properly know 
him or has misunderstood him. Here the cunning of the devil 
is seen, w^ho is wont to instill into perplexed souls a peculiar 
presumption and obstinacy of judgment. This error is very per- 
nicious; it springs from pride and makes the penitent scorn 
the remedies which are offered to him. 

II. The causes of scruples : — 

Scruples may proceed from God, from the devil, and from a 
natural disposition. 

1. God sometimes permits scruples (permissive), withdraw- 
ing from just motives His supernatural light. If the trials 
thus proceed from God, they are, per se, useful, produce a pro- 
founder contrition, humility, and detachment from the world. 

4^4 Reuter, Xeo-Conf. n. 266. 

495 Cf . Lacroix, 1. c. Lib. I. n. 519 ss. ; Lehmkuhl, Theol. Mor. Gener. Tr. 
II. n. 58. 



548 THE MINISTER OF THE SACRAMENT 

2. Scruples proceed from the devil also {effective), who has a 
pecuHar skill in producing them by confusing the imagination 
with false shows and suggestions. He does not plague great 
sinners with scruples, because he is content to leave them in 
their state of presumption, and so cast them ever deeper and 
deeper into ruin. Nor are great saints troubled by him, because 
in them fear has been conquered by perfect love. It is only 
those who have begun to give themselves to God, and chiefly 
those who have abandoned great sins and entered upon the 
right road. His object is to perplex and hamper them in their 
spiritual progress, to plunge them into despair, or, at least, to 
disturb their interior peace. Scruples emanating from Satan 
must, therefore, be combated with all energy, ]or they tend to 
evil. 

3. Scruples may also be traced to natural causes {dispositive), 
the individual having a keener and more sensitive perception of 
evil, or a wavering, unsettled judgment. 

These natural causes are partly physical and partly moral: 
(a) Bodily constitution: a melancholy temperament may in- 
cline an otherwise sagacious man to suspicion, obstinacy and 
scrupulosity. Others who in consequence of a physical dispo- 
sition are low-spirited, despondent, and timid, readily conceive 
an unreasonable fear of sin, and if they do not quickly banish this 
fear, they frequently fall a prey to scruples, (b) Nervousness 
and disease of the brain : the imagination becomes excited and 
perplexed, so that vivid conceptions of the imagination are not 
sufficiently distinguished from the judgments of reason. This 
affection may be hereditary, or it may arise from overwork, 
late hours, or immoderate fasting, (c) Dullness of mind, which 
cannot adequately distinguish real from seeming motives; but 
acuteness of intellect, if the judgment is not well balanced, 
may produce the same result, {d) Hidden pride and obstinacy 
of private judgment : a man subject to these moral defects be- 
comes easily entangled in doubts and scruples, (e) Too great 



SCRUPULOUS PENITENTS 549 

anxiety to avoid everything — I will not say in any way evil, 
for that we must avoid, but which has even the appearance of 
evil; thus is formed the habit of adopting the stricter and the 
speculatively more certain view, a proceeding which in practice 
does not by any means tend to the safer course/^® (/) Inter- 
course with scrupulous people, reading books in which only the 
stricter opinions are advanced, confessing to a scrupulous con- 
fessor/^^ 

III. The following considerations will show when the scruples 
proceed from God: (1) when they excite sincere detestation 
of sin; (2) when they do not last long and end in great calm 
of mind ; (3) when they are called forth by hatred of sin. 

Scruples may be recognized as proceeding from the evil one : 

(1) when they produce lukewarmness and despair of salvation; 

(2) when the scruples occur in connection with the holiest actions, 
especially where a man is otherwise not accustomed to be much 
troubled with them; (3) when a man detests only this or that 
kind of sin — others not so much ; God detests all sin ; (4) when 
a man yields to grave temptations while at the same time he is 
anxious about trifles.^^^ 

But when, without apparent reason, the heart becomes uneasy 
and the head affected, when a sudden tremor takes possession 
of the limbs and the mind is filled with scruples, we may justly 
assume that the latter proceed from natural causes, and this 
sign is the more certain if in all places and in all actions the 
penitent is molested by them. 

IV. Scruples are very pernicious, causing perplexity and de- 
jection of spirit, placing obstacles in the way of the soul's prog- 

496 s. Alpli. De Mor. Syst. 

*9" Cf . Reuter, Neo-Confess. 1. c. Lib. III. § 159 ; Lehmkuhl, 1. c. n. 55 ; 
Aertnys, 1. c. n. 50; Miiller, 1, c. II. § 159 ; Benger, Pastoraltbeologie, a. a. 

0. § 174, 11. 5 ; Scaramelli, Direct, ascet. Tom. III. nn. 433-440; Zenner, 
Instr. pract. Conf. P. II. Sect. II. cp. 1, § 256. 

498 Cf. Reuter, Neo-Confess. 1. c. n. 260; S. Igiiat. ]. c. Regiila 5; Benger, 

1. c; Scaramelli, 1. c. ; Zenner, Instr. pract. Ccnf. P. II. Sect. II. cp. 1, § 255. 



550 THE MINISTER OF THE SACRAMENT 

ress towards virtue, closing the heart to the consolation of the 
Holy Ghost, producing dryness of spirit, aversion to prayer, 
and neglect of the ordinary duties. Scruples frequently under- 
mine health, not seldom exposing the subject of them to the 
danger either of becoming insane or of falling into great sins of 
impurity, despair, blasphemy, or suicide/®^ 

St. Alphonsus distinguishes three kinds of scruples, and theo- 
logians universally follow him in this division : (a) scruples 
concerning former confessions, the person being always uneasy 
about them, although they have been made properly and com- 
pletely; this kind of scruple is not so difficult to overcome; 
(b) scruples concerning the consent to sinful thoughts about dif- 
ferent matters ; here the scruple as a rule comes after the action — 
these scruples may be a heavy burden; (c) scruples concerning 
all actions, or at least innumerable things about which other 
men do not at all trouble themselves. These are the worst scru- 
ples. The remedies which the confessor has to employ for the 
cure of scruples are the following: (1) He must find out if the 
penitent is scrupulous about everything, or only some things, 
and what is the cause of the scruples. (2) He must convince 
the penitent that, w^here sin is not evident, the safest course for 
him is obedience to his confessor ; and that, on the other hand, 
it is very dangerous not to obey his confessor. (3) He must, 
therefore, ask the penitent if he has confidence' in him, and if 
he will obey him even against his own judgment; the confessor 
must undertake to guide the penitent only after these questions 
have been answered in the affirmative, otherwise he must tell 
him plainly to apply to another confessor in whom he has con- 
fidence and whom he is willing to obey. If this is not done, 
the confessor's pains would be simply thrown away. (4) The 
confessor in most cases ought to be kind to the scrupulous peni- 
tent, though severity is sometimes necessary, especially where 

^99 S. Alph. 1. c. n. 13 ; Reuter, Neo-Conf. 1. c. ii. 261 ; Aertnys, 1. c. n. 51. 



SCRUPULOUS PENITENTS 551 

obstinacy in private judgment is manifested, or when the peni- 
tent presses for repetition of a confession against the advice of 
the confessor. Under no pretext whatever, not even when tears 
are added, should the confessor allow this. This extreme sever- 
ity is a kindness; but it should be tempered with gentleness. 
(5) To doubts, let the confessor answer without hesitation and 
without w,uch questioning, and interpret everything according 
to the more lenient view. He should, in most cases, give no 
reasons for his answers, lest the penitent might think that after 
all his scruples were not to be despised, and because the latter 
will weigh these reasons, and make them doubtful by opposing 
to them his futile objections. Nor should he listen to new doubts 
and scruples, but when he is morally certain that a scruple is 
in question, he should sometimes without listening to the peni- 
tent order him to lay aside all anxiety and quickly to receive 
holy communion. (6) He should give the penitent some gen- 
eral rules to follow; the more general and the easier the appli- 
cation of these rules and the more comprehensive of individual 
circumstances, the better they are.^^^ Such general rules to 
be given to the penitent are the following : (1) He must be con- 
vinced that he really is scrupulous — but that scruples by no 
means lead to holiness; he should, therefore, firmly resolve to 
combat them. (2) He should pray with great humility, con- 
fidence, and resignation to the divine Will for light and peace 
of conscience. (3) He should cling to one and the same confessor 
in whose learning and goodness he trusts, and whom he must 
obey most strictly, as the representative of God. The con- 
fessor's decisions must be regarded as final by the penitent. 
Never should the penitent seek a solution of his doubts else- 
where than from his confessor. He should abide with this deci- 
sion even if doubts again arise. (4) He must accustom 
himself to consider God as infinitely good, and occupy himself 

500 S. Alph. Lib. T. n. 13; Renter, Neo-Conf. n. 262; Lehmkuhl, 1. c. n. 
61 ; Aertnys, 1. c. n. 53. 



652 THE MINISTER OF THE SACRAMENT 

with thoughts which awaken confidence in God, avoiding any 
which have the opposite effect. (5) He should flee idleness, so 
that the devil may always find him busy. He should avoid 
intercourse with scrupulous people, as also reading about things 
which excite scruples. (6) As soon as a scruple arises, he should 
. banish it, and think of something else, as if it were a temptation 
to evil. He should not allow his mind to dwell upon his scru- 
ples by opposing reasons to them, but energetically lay aside 
all doubt. (7) He must not give way to a scruple by obeying 
its suggestions ; on the contrary, he must act boldly in opposi- 
tion to the scruple, and not fear that he will sin, even when his 
conscience does not seem to him to be very clear about the mat- 
ter. For a scrupulous person it should suffice to know that he 
must despise his scruples, and that in spite of them, he may do 
any act of which he cannot say positively at first sight that it is 
a sin ; and that, in order to commit a mortal sin, it is necessary 
for him to be able to say at once, without hesitation and with- 
out examination, that the thing in question is forbidden under 
mortal sin. (8) Let him be assured that he is by no means 
obliged to confess his doubts ; indeed, that this is not even use- 
ful and must be forbidden. Doubtful sins a scrupulous person 
is certainly not bound to confess. Speculative doubts the scru- 
pulous person is not bound to regard ; for what for others is a 
reasonable motive for investigation, is not so for the scrupu- 
lous. From this results : — 

(1) For a scrupulous person an act which he does not recog- 
nize at once as a sin is not a sin; (2) he may do that which 
he sees other conscientious people do without scruple, even 
when it is contrary to his own judgment or his own opinion; 
(3) scruples are, for him, no reasonable ground for doing or for 
not doing an action, or for hesitating; and this appHes to the 
doubt as to whether a scruple or a vaUd reason is in question.^*'^ 

501 Cf. Reuter, Neo-Confess. n. 263 ss. ; Stotz, 1. c. n. 185; Lehrakuhl, 
1. c. 11. 6'i ; Aertnys, 1. c. ; Zentier, Tnstriictio pract. Confess. P. II. Sect. II. 
cp. 1, § 257. 



SCRUPULOUS PENITENTS 553 

With regard to different kinds of scruples Renter gives the 
following good rules : — 

1. He who is troubled with doubts as to whether he has con- 
sented to interior temptations, and is otherwise conscientious, 
may regulate his conduct according to the following principles : 
(a) He is never to beHeve that he has consented to a mortal 
sin if he does not positively know that he fully recognized the 
gravity of the sin, and fully consented to it. (h) If the person 
tempted is seized with fear, abhors the object of the tempta- 
tion as he considers it more closely and remains determined not 
to offend God, he has not completely consented. This applies 
to non-scrupulous persons also; and theologians maintain that 
he who has a God-fearing conscience, and is not accustomed to 
consent to sin with full attention, may believe, in a case of doubt, 
that consent has not been complete, for ex communiter contin- 
gentihus fit prudens prcesumptio. (c) Nor may we conclude 
that he has fully consented because the temptation lasted a 
long time, or because the sensual excitement was violent, for 
this is material and involuntary, and sometimes appears more 
considerable than it reall}^ was. 

2. If the penitent is tempted against faith, or against hope, 
let him ignore the temptation, turn his mind to other things, 
especially to God, but let him not be perplexed by trying to 
awaken a positive act of these' virtues. And if he thinks that 
he has had blasphemous thoughts, let him proceed in the same 
manner, despising them, and disbelieving that he has consented 
to them, although he may have felt a certain pleasure in these 
thoughts and emotions; indeed, the devil can create in the 
imagination a certain semblance of consent, while the individ- 
ual himself and his will are far removed from the criminal act. 
When the soul has been calmed it is always useful to make an 
act of the love of God. 

3. If the temptation refers to conditional events in the future, 
for instance, " what would you do if you were obliged either to 



554 THE MINISTER OF THE SACRAMENT 

sin or to endure this or that evil?" let him turn away energeti- 
cally from such thoughts, not answering directly or positively 
but rather indirectly, ^^I will not offend God now; and should 
I ever be so situated, the grace of God will help me to do His 
will." With this answer let him calm himself, and not rashly 
entangle himself in difficulties, lest he suffer the punishment of 
presumption, like the Apostle Peter. 

4. If, when looking at perfectly innocent things, impure images 
and emotions arise, let him look at them boldly if they are ob- 
jects and pictures (for example, holy pictures), modestly and 
transiently if human beings; let him act as other conscientious 
men do in these things and despise the emotions or thoughts. 
He should proceed in the same manner if these things happen 
when he is saying certain prayers ; let him not omit the prayers 
on this account, but devoutly proceed with them. 

5. The Divine Office may be a source of scruples. The peni- 
tent may doubt whether he had the intention of reciting it ; this 
scruple is ridiculous, for the very fact of his saying it shows that 
the intention is there. He may doubt that he has recited it 
properly, having mutilated words, or been voluntarily dis- 
tracted; in this case he should not repeat anything at all, for 
since he honestly wished to perform his duty, it is to be pre- 
sumed that he did it properly. While he is saying his Office he 
must not stop, but proceed according to previous intention 
without hesitation, without straining the mind, without hurry, 
without anxiety. As the requisite attention is not prevented 
by any action which, of its nature, is consistent with interior 
attention, the person should not be troubled if he has done such 
an action, unless it were of a kind which conscientious men 
would, during prayer, be careful to avoid. After the comple- 
tion of the Office, an anxious person should repeat nothing, even 
if he fears that he has said it badly. If he is very scrupulous, 
and requires too much time for saying his Office, his Superior 
or confessor can fix a certain time in which conscientious clerics 



CONVEBTS 555 

are accustomed to say it conveniently, and if, after devoting 
this time to it, he has not quite finished "it, he shall omit the 
part still remaining. Indeed, according to the same author, 
and Gobat, whom St. Alphonsus quotes (in approval of his opin- 
ion), the Office could even be absolutely forbidden to such a 
person till it could be assumed that he was able to recite it 
without such worry; for grave inconvenience releases from 
obedience to the commandments of the Church.^^^ 



73. Converts. 

As it is not every belief that saves, but only the true faith 
taught by Christ, the zealous priest will be anxious to contrib- 
ute, as much as he is able, to the conversion of heretics. He 
will, therefore, in continued prayer, implore for them the light 
of grace, that they may recognize their error and seek the truth ; 
he will, when occasion presents itself, exhort them to avoid sin, 
''because error does not produce sins, but sins produce error," 
and ''darkness does not comprehend the light." He will also, 
in a judicious manner, encourage them to attend our religious 
services, to hear sermons, to read books in which the Catholic 
doctrine is exposed and explained; he will not object to friendly 
intercourse with them, in order to lead them gradually to a 
recognition of their errors, as they begin to doubt of the truth 
of their teachings, and salutary scruples arise in them. When a 
heretic wishes to accept the Catholic faith and be instructed, he 
should: I. Be received with great love and kindness and be 
asked discreetly why he wishes to change his religion and em- 
brace the Catholic faith. Whatever motive he assigns, caution 
is necessary, — because there are designing people who, under 
the cloak of piety, seek, not the salvation of their souls, nor the 
truth, but temporal advantages, such as marriage, sustenance, 

S02 S. Alph. Lib. IV. n. 177; Reuter, Neo-Conf. n. 268; Lehmkuhl, 1. c, 
n. 64. 



556 THE MINISTER OF THE SACRAMENT 

etc., and, having obtained these, hve bad hves, and return to 
their old vices, as examples both amongst Jews and heretics 
teach us. He has, therefore, to be taught that, in returning to 
the true Church, he must seek simply and solely the kingdom 
of God, and the salvation of his soul. If, however, he should 
say that he is poor and deprived of the means of sustenance, he 
should not be promised assistance till there is proof of his good 
intentions. But, in order that the priest may not be deceived, 
he should, if he does not already know the man sufficiently, 
examine him by various questions at different times, and only 
when he finds him sincere, recommend him to others. The 
priest should not show familiarity, nor do or say anything in 
private intercourse, which he would regret if the catechumen 
should, perchance, return to heresy. 

Moreover, he should endeavor to acquire the confidence of the 
convert, so that the latter may gladly unfold to him all his 
errors, doubts, and wounds. 

The convert must be admonished to attach great importance 
to the business of his conversion, as upon it depends his eternal 
salvation ; he should, therefore, often and fervently pray for its 
happy issue, and perform good works ; the priest himself should 
also most zealously pray and induce others to pray for him. 

II. Having convinced himself of the good dispositions and 
steadfastness of the convert, the priest should readily offer to 
supply him with the necessary instruction, or, if he is really pre- 
vented from doing so, provide for his instruction at the hands 
of some other rehable person. 

In the matter of the instruction the following points must 
be observed : — 

1. First of all it must be ascertained if the convert is a mate- 
rial or a formal heretic. He is a formal heretic if he has know- 
ingly and voluntarily adhered to any error against the truth of 
the Catholic faith, after that truth had been adequately exposed 
to him, and he had recognized it as truth. A material heretic 



CONVERTS 557 

is one who professes error through ignorance, or in consequence 
of perverse instruction or education. Perhaps most of the non- 
Cathohcs of the lower classes belong to the latter kind; seeing 
that, from childhood, they have been reared in every prejudice 
and calumny against our religion. But when reasonable doubts 
arise in them, they are bound to investigate, to pray for divine 
light, to search for the truth, and as soon as they recognize it 
to adopt it. Otherwise they become formal heretics, because 
they adhere with obstinacy to error. 

2. Then we must investigate to what extent the convert 
has been instructed in the tenets of his sect, and what doubts 
trouble him with regard to the Catholic doctrine. For there 
are mainly two classes of heretics who become converts; the 
first consists of simple uneducated people, who require sound 
instruction in Christian truth, but who should be informed of 
points of controversy with great caution, in order that they 
may not learn new errors and hence new doubts. The other 
class is formed of educated people whom one must instruct 
especially on all points of divergence, so that their doubts are 
dispelled. 

3. But as faith must be the rational and invincible assent to 
all revealed truths, the credibility of our dogmas must first 
be demonstrated to the heretic; and these are to be accepted 
if the Catholic Church alone is the true Church of Christ. 
He should, therefore, be taught that the true faith is neces- 
sary to salvation, and that there is only one true religion, 
and only one Church of Christ, as the true religion must come 
from God, and God who is truth itself cannot reveal what is 
self-contradictory. He should then be shown that the true 
Church of Christ must have definite marks which distinguish 
her from every false sect, and that these marks of the true Church 
of Christ are only possessed by the Catholic Church. After this 
we may expose particular doctrines, especially those articles in 
which Catholics differ from heretics, namely: the Sacraments, 



558 THE MINIISTEE OF THE SACRAMENT 

the Real Presence of Christ m the Holy Eucharist, purgatory, 
veneration of the saints, the infallibility of the Pope. 

III. When the convert has been (according to his intelli- 
gence) fully instructed, he must be prepared for the reception of 
Baptism, if he be not baptized, of the Sacrament of Penance, 
and holy communion, and for a profession of faith. As converts 
generahy dread confession, the priest must endeavor to remove 
their fear by reminding them of the seal of confession, the peace 
of mind following upon a good confession, and by lessening the 
difficulties of the examination of conscience. The manner of 
making a good preparation and thanksgiving for holy commun- 
ion should be weU explained. Finally, give him a formula of 
confession of faith in his native language, and explain it to him. 

IV. Not till the priest is satisfied as to the convert's knowl- 
edge and constancy should he receive him into the communion 
of the Church. The reception itself may take place in three dif- 
ferent ways, according to the circumstances of the convert : — 

1. If he has not been baptized, or if the nulHty of his Bap- 
tism is certain. Baptism is administered to him absolutely ; but 
then no abjuration of heresy on the part of the convert takes 
place, nor is absolution given to him, because the Sacrament of 
Regeneration cleanses from all sins. 

2. If Baptism has to be repeated suh conditione, the dbjuratio 
hceresis, or the professio fidei takes place in the 'vernacular, then 
Baptism is administered suh conditione, after which the convert 
confesses and receives absolution suh conditione. 

3. If the Baptism which the convert formerly received is 
regarded as valid, he abjures his heresy by pronouncing the pro- 
fession of faith, and is then absolved from the ecclesiastical 
censures."^^^ 

An ahjuratio hceresis is not to be demanded from children who 
have not arrived at the age of puberty, i.e. about their four- 

503 Cf. S. Congreg. S. Offic. 20 Jul., 1859 (Coll. Lacens. Concil. Tom. III. 
p. 550), 



CONVERTS 559 

teenth year; nor is absolution from the censures to be adminis- 
tered, as they have not incurred any; they need only make the 
professio fidei catholicce before they are admitted to the Sacra- 
ments. For these young converts the Symbol of the Apostles 
seems to suffice. But from such as have passed this age, a 
formal abjuration of the sect to which they have hitherto be- 
longed is to be demanded.^^* Although a material heretic can 
be absolved by every confessor pro foro interno, it is more advis- 
able and safer to procure from the bishop the facultas absolvendi 
ah hceresi, as there are difficulties in the matter, and the confessor 
may easily be deceived in his judgment. This faculty is always 
to be requested pro foro externo. If, at his conversion, a heretic 
must be baptized, his admission to the Church belongs to the 
right of the parochus loci. The bishop must be consulted as to 
the repetition of Baptism sub conditione. 

V. After his reception into the bosom of the Church the con- 
vert, if his former Baptism was vahd, or if he was rebaptized 
sub cohditione, must make a complete confession of the sins of his 
former life. Let the confessor treat him with all charity, assist 
him with questions, being careful, however, not to institute a 
rigid examination. The confessor may ask him if he has uttered 
blasphemies or insults against the Catholic Church, or induced 
others to do so ; if he has entertained doubts concerning his reli- 
gion and how long he despised or neglected the truth. If the 
penitent has committed many grave sins, the confessor must be 
careful not to reprove him severely or harshly, rather praise his 
good disposition in confessing them, exhort him kindly but ear- 
nestly, henceforth to lead a truly Christian and good life. No 
great penance should be imposed at first, so as not to dispirit 

504 Cf. Instr. S. C. Inq. 20 Jul., 1859 et 20 Nov., 1878 ; Bucceroni, Enchirid. 
p. 84. There is an (abridged) professio Jidei, which the S. C. S. Officii, 20 
July, 1859 gave for America ; the wording of the Instruction clearly indi- 
cates that it may be used in all places where the diocesan law does not 
decide to the contrary. 



560 THE MINISTER OF THE SACRAMENT 

the penitent. Finally, the confessor administers absolution, 
absolute or suh conditione, according as Baptism was either not 
repeated or was again administered sub conditione. 

If a non-CathoKc in the hour of death wishes to embrace the 
Catholic faith, he must make the professio fidei before two wit- 
nesses, at least with regard to the doctrines which must be 
believed necessitate medii et prcecepti. To avoid difficulties later 
this act should be taken down in writing, and the document 
signed. After which the dying person may be prepared by acts 
of faith, hope, and charity, contrition, and purpose of amend- 
ment; he should then confess; absolution from excommunica- 
tion and from sin should be given him ; after this the viaticum 
and Extreme Unction. 

But if the dying person shows no disposition to accept the 
Catholic faith, the priest should seek to gain his confidence, and 
then gradually approach the question of his salvation. Let the 
priest endeavor first to awaken in the dying man an act of faith 
in all that God has revealed, especially in all that must be be- 
lieved necessitate medii, then an act of hope, of perfect contri- 
tion, and resignation. In such a case it is not prudent to ask 
the man bluntly to join the true Church, for fear of exposing 
him to a great temptation. In order, however, to be able to 
administer to him the conditional absolution, he should be in- 
duced to acknowledge himself a sinner before God, and, having 
elicited contrition, to declare also that he wished to be assisted 
as much as possible by the services of the priest the better to 
obtain eternal life.'^^^ Absolution su6 conditione can then be 
administered to the dying man, by secretly pronouncing the 
form of words, without making the sign of the cross. 

^°^ Thus Lehmkiihl. Aertnys, however, does not assent to this teaching, 
quia voluntas coiiditlonalis confilemli non est reapse confessio, atque adeo prorsus 
deesse videtur materia. Theol. Mor. Lib. VI. n. 196, Q. 4, 5. Lehmkiihl re- 
jects the opinion that a dying person in this state niust be asked whether he 
would confess and receive absolution; for here the question is uot what the 
man would wish, but what he wishes ; at most it might be said of this velleity 
that it includes a certain will and actual accusation. Lehmkuhl, 1. c. n. .515. 



CHAPTER II 

THE TREATMENT OF PENITENTS IN DIFFERENT EXTERNAL 
' CIRCUMSTANCES 

74. The Confession of Children. 

The confessor must devote special care to the confessions of 
children, for this is a matter of much importance. ^°^ As with 
adults, so with children, confession exercises a great influence 
upon the spiritual life, and forms a factor in their education 
which cannot be estimated too highly. For even a child can 
commit sins with full advertence or mahce, and hence requires 
the Sacrament of Penance in order to recover the lost life of 
grace, and to obtain the necessary assistance in preserving itself 
from future sin. The child also has its temptations; evil incli- 
nations and passions awaken in the child's soul. Who does not 
know that many a child is entangled in a net of evil habits and 
occasions of the worst kind ? In truth, the child stands much 
in need of supernatural strength in order to preserve its most 
precious treasure of innocence. This strength conferred by 
grace is more necessary to the child than all exhortations and 
instructions. A good confession will eradicate obstinate faults 
and evil habits which have long defied all the arts and wisdom 
of educational systems. Confession is in many cases the sole 

506 Zenner, Instr. pract. Confess. 1. c. cp. 2, § 263 : Summi momenti munus 
suhit confessariufi, dum puerorum confeasionibus se offert excrpiendis. Dubois, 
"The Practical Pastor," Pt. 2, chap. 18, n. 381; Frassinetti, "Practical Tn- 
stvuction for Young Pastors," Pt. 2, Chap. 3, n. 411 (in the Italian) ; Ren- 
ninger-Gopfert, Pastoraltheologie, Book 1, Pt. 1, § 84, p. 240. 

561 



562 THE MINISTER OF THE SACRAMENT 

means of discovering in the child hidden and ruinous habits and 
of correcting them, thus safeguarding its innocence and purity. 
Even when parents and the other agencies of education, home 
influence and the school, fail in their duty, attaching importance 
only to the cultivation of the intelligence and to outward moral- 
ity and propriety, the confessional can still be the child's 
salvation by shielding its heart from evil. This great and 
fundamental significance of the confessional for the child and 
its education must be realized by the confessor. He will then 
readily undergo the labor involved in the preparation of chil- 
dren for confession, and the confessions themselves. Here, pre- 
eminently, he will scatter the good seed from which he may 
expect an abundant harvest. Here he is the true representa- 
tive of the divine Friend of children, of Him who suffered the 
little children to come unto Him, of Him who uttered the mo- 
mentous words: ^'He that shall receive one such httle child in 
My name, receiveth Me " (Matt, xviii. 5; xix. 13-15). 

I. The first consideration is the admission and the preparation 
of the children for confession. 

In the admission to confession, age must certainly be consid- 
ered, but not chiefly; the mental capacities and development 
must be taken into account. The declaration of the TV. Council 
of the Lateran that a child is bound to receive the Sacrament 
of Penance as soon as it has reached the years of discretion 
{anni discretionis) is based on the nature of the case. But when 
this period arrives cannot be precisely stated in years and days ; 
it depends much on individual circumstances. The seventh 
year is generally regarded by theologians as the Hmit, and they 
teach that a child who has completed the seventh year is bound 
to receive the Sacrament of Penance. And if a child has aver- 
age mental capacity, has received religious training at home, 
and from the sixth year regular rehgious instruction at school, it 
can, and generally should, go to confession when it is seven years 
old, or even before this, as would be desirable if such a child were 



THE CONFESSION OF CHILDREN 563 

seriously ill, or if there were reasons for supposing that it had 
committed grave sin. In the latter event the child would be 
bound, in order to comply with the precept of the Church, to 
confess within a year.^^^ But as it happens that very many chil- 
dren are not sufficiently developed and instructed so early, it 
follows that the regular admission is left to the judgment of the 
priest. St. Charles Borromeo gave his clergy the following 
precept on this head : Qui ad septem aut octo annos pervenerint, 
pro modulo de necessitate et virtute sacramenti illudque frequen- 
tandi instruentur.^^^ And the Cologne Provincial Council of 
the year 1860 decrees that the first confession of children shall 
not he put off longer than the ninth year. The priest should 
certainly not delay the preparation of a child for his first con- 
fession any longer, unless its incapacity is demonstrated. With 
the seventh or eighth year the children should be admitted 
to instruction for confession, and if a child shows in the course 
of this instruction that it has arrived at a sufficient understand- 
ing of the Sacrament of Penance, it should be immediately pre- 
pared for it. But those children who are not qualified should 
take part in the preparation for the next (second) confession of 
the course, in order that they may be admitted then, or later, 
in any case as soon as possible, to this holy Sacrament. For 
the zealous priest will not only instruct the children concerning 
the Sacrament at the beginning of every school year, as is the 
regulation in many dioceses, but each reception (at least in the 
children's first years) will be preceded by a solid preparation 
consisting in a general repetition of the essential truths. If the 
less gifted children are present at these instructions and prepa- 
rations, and if special attention is given to them, they will soon 
be in a condition to make a good confession. The final deci- 
sion concerning the capacity or incapacity of a child to receive 

507 S. Alph. Lib. yi. nn. 432, 666; Giiry, I.e. I. n. 478; Stang, Pastoral 
Theol. Bk. II. 4, § 31. Schulze, Pastoral Theol. Sect. I. 4, n. 3. 
503 Cf. Statiit. Leod. n'. 344. 



564 THE MINISTER OF THE SACRAMENT 

absolution, or, in other words, concerning its dispositions, must 
be left to the confessor, who will and must arrive at some settled 
judgment on this point, and give absolution conditionally or 
unconditionally, or postpone it, as he shall find necessary. 

The special instruction which precedes the children's confes- 
sion must be given according to a definite and practical plan, 
and with great care and prudence.^"^ At the outset the children 
must be solemnly admonished that they are shortly to be ad- 
mitted to their first confession, and that for this purpose they 
are to receive a special instruction. The importance of this in- 
struction must be impressed upon them as an initiatory prepa- 
ration for the reception of the Sacrament, thus encouraging 
them to diligent application and attention. There is probably 
no religious instruction which more attracts little ones and 
more wins their interest, than the instruction for confession, on 
account of the exceedingly beautiful truths which are here dis- 
cussed. It must be emphasized and brought home to the chil- 
dren that it is a great happiness, an unmerited favor to be 
cleansed from sin in the holy Sacrament of Penance ; it would 
be ill timed to represent confession as something hard or diffi- 
cult or as a kind of punishment. One must rather awaken 
enthusiasm within them, so that they may take pleasure in pre- 
paring themselves for it carefully, and they must be assured 
that the confessor will make easy everything which they think 
will be diflficult in the confessional if only they show good will. 
Admission to confession must also be represented to them in the 
light of a distinction, and as a reward of diligence and attention. 

As to the matter of the instruction, — the doctrine of the 
Sacrament of Penance must be treated thoroughly, clearly, at- 
tractively, and in a manner adapted to a child's intelligence. 
Then the most important doctrines of the catechism with refer- 
ence to confession must be repeated, especially the doctrine of 

609 Stang, Pastoral Theol. Bk. II. 4, § 31. 



TBE CONFESSION OF CHILDREN b6b 

God and His attributes; furthermore, the doctrine of sin and 
the Redemption. These truths are to be set forth in a manner 
at once easily intelHgible to the mind and stimulating to the 
feelings. Particular care must be taken that the children learn 
to say correctly and with understanding the usual prayers before 
and after confession. It is very useful at the end of this instruc- 
tion (of the remote preparation) and shortly before the confes- 
sion, to make with the children an examination of conscience. 
In this manner as complete a confession as possible will result, 
and many abuses be prevented; especially will children not 
accuse themselves of things which they do not in the least under- 
stand and which they have not committed; while, at the same 
time, the suitable, intelligible, and becoming expressions for the 
different sins will be put into their mouths."^ Furthermore, it 
is much to be recommended that the children should, in com- 
mon, be incited to contrition and purpose of amendment (say 
in the Church, immediately before confession) by laying before 
them the motives for contrition, and this slowly, intelligibly, 
and in a manner adapted to children; afterwards repeating to 
them a short and forcible formula of contrition and purpose of 
amendment, concluding with another short exhortation to sin- 
cerity in confession and to gratitude to God after the confession.^^^ 

^1^ The question whether a formula of an Examination of Conscience 
should be placed in the hands of children, is treated by Dubois, 1. c. 
Certainly not in the hands of the younger children; and Examinations, 
such as are contained in prayer-books for grown-up people, should not be 
given to older ones. Nor are all Examinations for Children to be recom- 
mended. The instruction is the most important thing; an Examination 
is a poor substitute for good instruction. Certain it is that these Exami- 
nations are very often misused by children. 

^11 Aertnys says in his Institut. practica, cp. 2, art. 1, n. 122, that the 
confessor must ask the children if they know the articles of faith M'hich 
every Christian is bound to know, and if they do not, he must, if time allows, 
patiently instruct them concerning these articles, at least concerning the 
doctrines necessary to salvation, etc., but this can only happen in excep- 
tional cases, scarcely when there has been given a good course of previous 
instruction. 



566 THE MINISTER OF THE SACRAMENT 

II. Treatment of children in the confessional. 

If the children have been well prepared, the confessor's work 
is much facilitated. But he must, nevertheless, always bear in 
mind the words of St. Alphonsus de Liguori : '^ The confessor 
must expend all his love on the children, and treat them in the gen- 
tlest manner possible.'^ ^^^ 

But even when there has been careful preparation the confessor 
must : (1) see that the confession is a complete one, and supply 
any possible defects in it; (2) instruct the child, and, if neces- 
sary, dispose it for absolution; (3) judge of his disposition, and, 
according to this judgment, give absolution conditionally or 
unconditionally or defer it. 

In addition to the rules already laid down and discussed, the 
following special remarks will be serviceable : — 

1. If the confession of the child is incomplete or vague, the 
confessor can easily discover the principal sins or at least suffi- 
cient matter by means of questions if the child has some little 
intelligence. He may ask the child if it has neglected daily 
prayers, if it has through his own fault missed Mass on Sundays 
or holidays (especially during vacation time) ; if it has behaved 
disrespectfully in Church, by laughing, talking, looking about, 
and disturbing others; if it has been disobedient and naughty 
towards his parents and superiors ; if it has quarreled with his 
brothers and sisters and other children; if it has been angry 
or cursed in anger ; if it has taken dainties by stealth or stolen ; 
if it has lied and said untrue things of other children.^" Where 
there are grave sins, he must, of course, ask the number, if it was 
not stated ; and he must insist upon the child's examining itself 
concerning the number, and stating it as precisely as possible. 
Everything connected with children's confessions must claim 
the confessor's attention, but he must be especially careful that 
they learn to confess well. Children will have great difficulty in 

512 Prax. Conf. cp. 6, n. 90. 

513 S. Alph. Prax. Conf. n. 90. 



THE CONFESSION OF CHILDREN 567 

giving account of their thoughts, desires, and the intentions by 
which they have been influenced, and the confessor may thus 
find himself obhged to put questions on these matters. 

2. If the child has made a definite confession, but the con- 
fessor still believes that there has been insincerity, — from false 
shame or fear, or, perhaps, from inability to make the sin known, 
it often requires great prudence to detect the sin omitted. ^^* It 
is mostly sins against the sixth and seventh commandments 
which, for the above reasons, children conceal. If the confessor 
therefore, suspects that a sin against the sixth commandment 
has been omitted, he must exercise prudence in two ways : first, 
that he does not, by unsuitable questions, make the child ac- 
quainted with sins of which it knows nothing, and that he does 
not put the questions in such a general way that they fail to dis- 
close the sin. If the child confesses that it spoke immodest 
words, or did something immodest, or permitted it, the con- 
fessor must not at once conclude that he has to do with real 
sins against the sixth commandment; for sometimes children 
take unbecoming words, which are no sin against holy purity, 
for immodest words and confess them as sins; they also regard 
certain things as immodest actions which are by no means sin- 
ful,"^ but on the contrary necessary. There is ground for this 
supposition especially when an otherwise good child accuses 

^^^ Cf. Catech. Roman. P. III. cp. 7 ; Renninger, 1. c. 

si^ Aertnys writes upon this point (Tiistr. pract. cp. 2, aii. 1, n. 127) : 
Actiones hihonestce puerorum, qui luxurice adhac ignari sunt, plerumque nun sunt 
habendcE ut peccata mortalia : quia vel commntionem veneream non habuerunt vel 
hujus malitiam nonduin apprehendunt. And St. Alphonsus teaches (Vera 
Sponsa, cp. 18, § 1, n. 14) : Sunt qucedmn actiones naturales, quas manifestare 
puderet, attamen declarare propterea non tenemur. Sic. e. c. si quis coinmiserit 
in pueritia levitates aut jocos indecentes, quorum malitiam ignorabat, non tenetur 
ea conjiteri. Neque ex <?o, quod actio secret o facta faerit, concludere licet conscium 
quern fuisse ejusdem malitice : q\iasd am nanique faciunt pueri actiones naturales 
secreto, quamvis non sint peccata. But there are children, and in towns espe- 
cially not a few of them, who are early corrupted, and in whom wickedness 
and impure knowledge are in advance of their age, with reference to whom 
it must, alas! be said: Tantillus puer et tantus peccator ! Cf. Aertnys, 1. c. 



568 THE MINISTER OF THE SACRAMENT 

itself of having very frequently committed such sins . . . The 
confessor may also ask the child if it knows what impurity is. 
As he must not investigate the matter further he must form his 
judgment in accordance with the whole confession or suspend 
a definite judgment; and he should not forget that it is better 
to leave a confession doubtfully complete than to expose inno- 
cence to danger by asking questions. But if he discovers that 
the case is really so, and that the child suffers from conscientia 
erronea on this point, he must suitably instruct it. If, however, 
it is clear the child has accused itself of sins against holy 
purity, and the confessor believes that real sins are in question,^^^ 
let him not fail to investigate what led up to them — a sinful, 
necessary, or voluntary occasion, or a vicious habit. Not in- 
frequently the confessor will discover the distressing fact that 
home and school, instead of being nurseries of that flower of 
the virtues, the child's innocence, are the cause of its destruc- 
tion, either with or without the fault of parents or superiors; 
and this through sleeping together, the bad example or open 
seduction of corrupted brothers and sisters, some imprudence 
on the part of parents, or the talk, buffoonery, and doings of 
some tainted child at school. Such circumstances will not only 
awaken deep and painful regret in the confessor, but also his 
endeavors as physician of the soul, to help and heal, and save 
the poor child from complete ruin. He must here apply with 
special care and prudence the rules concerning occasions and 
sinful habits. If the confessor perceives that a child suffers 
from false shame, or that it is immoderately timid, he must seek 
to induce it to candor and confidence by kind persuasion, affec- 
tionate encouragement, or ^Iso by serious exhortation. 

616 Whether immodest acts and jokes which children have practiced be 
sins or not, let the confessor admonish them, in accordance with the prin- 
ciple prlncipUs ohsla, to avoid carefully for the future these things and 
everything impure. But let him do so with fatherly love, in order that, 
should they do these thinos again, the children may not be afraid to confess 
them. 



THE CONFESSION OF CHILDREN 569 

In the preparatory instruction the confessor must specially 
accentuate the seal of the confession, and not fail to represent 
the confessor to the child as the substitute of Christ, who, Hke 
our divine Savior, receives children (and children who have 
sinned also) as a loving father, and as the Good Shepherd 
rejoices over the return of the child by a sincere confession. 

3. If a child has concealed a sin against the seventh command- 
ment, it is easier for the confessor to discover the insincerity. 
He must ask what was stolen, where and from whom it was 
stolen, if other things than eatables were stolen, what was 
done with them, etc. Steahng and eating dainties by stealth gen- 
erally go together, as the longing for these dainties often makes 
the child a thief. Another form of theft is keeping back money 
when parents or others have sent the child to make purchases. 
Study and experience, especially in the cure of souls, and light 
from above, for which the confessor must always pray before 
confessions and during them in more difficult cases, will enable 
him to discover other points which cannot be here discussed. 

The next task of the confessor is to instruct the child, to pre- 
scribe remedies, and to dispose it for the absolution. The sins 
which have been confessed will furnish the occasion for the 
instruction; but instruction concerning the necessary truths of 
faith may also be required, especially when absolution cannot 
be deferred. The confessor must particularly inform the child 
concerning the malice and hatefulness and evil consequences of 
its sins ; then also concerning the beauty and rewards of virtue 
and the duties of its station. Nor should he fail to remind the 
children of their sublime pattern, the divine Child Jesus. The 
confessor should inspire them with love and confidence in the 
Blessed Virgin, their heavenly Mother, and teach them devo- 
tional practices in her honor and service. Finally, he should 
recommend to them, as a means of obtaining virtue, zealous and 
regular prayer, recollection of the presence of God, and avoid- 
ance of bad companions ; and let him not tire of telHng the chil- 



570 THE MINISTER OF THE SACRAMENT 

dren all this over and over again, and implanting it in their 
hearts. It will remain there, and in due time bring forth good 
fruit. Though he has imparted these precepts and exhortations 
during the rehgious instruction, he should repeat them at the 
confession in suitable form; they will be more effective there; 
but they must be adapted to the intelligence of the child and 
be short and forcible. 

With the performance of this duty he must combine another, 
the healing of the wounds of the child's soul. This heahng 
begins with the acknowledgment of the evil in the examination 
of conscience and confession, is carried on by the sorrow, and 
completed by the absolution, through which grace is poured into 
the soul. By means of the instruction which the confessor gives 
the child, he will seek to move it to real sorrow and firm purpose 
of amendment. This is a principal task of the confessor in chil- 
dren's confessions. How often and how easily the latter become 
invalid, or doubtfully valid, from the child's having been too 
superficial and thoughtless in awakening sorrow and firm pur- 
pose, not having been properly attentive during the preparation, 
and having repeated an act of contrition and purpose of amend- 
ment more with the mouth than with the heart. The confessor 
must have due regard for this, and employ the necessary care 
for warding off such evil. If the immediate preparation for con- 
fession was a good one, he may set his mind at rest as regards 
most of the children ; nevertheless he will here, once more, seek 
to move the child to sorrow and renewal of purpose in a few 
forcible words. But if the immediate preparation above de- 
scribed was entirely left to the individual children, and if the 
confessor has misgivings about it, he must supply what is w^ant- 
ing by short but earnest admonitions. 

Let the confessor be persuaded that his endeavors are not in 
vain, and even if it should be his experience that the child has 
turned to no advantage these preparations for confession, let 
him not be disheartened. The child will recognize the represen- 



THE CONFESSION OF CHILDREN 571 

tative of Christ in him better in the confessional than at the 
instruction, and if he speaks as such, inspired by a pure inten- 
tion and a holy zeal for the love of Jesus, he may confidently 
expect that his words, aided by the grace of God, will make their 
way to the child's heart, and there find fruitful soil. The child's 
heart, though fickle and thoughtless, is not so insensible to con- 
trition; the feehng of gratitude and love is there, and the love 
of God is more easily excited in it. Still easier will it be for the 
confessor to move the child to a firm purpose of amendment. In 
this work of healing he must pay special attention to certain 
sins, which often occur with children, and are particularly ruin- 
ous in them — lying, stealing, and impurity. 

(a) If the child shows a tendency to lying, the confessor must 
first of all emphasize the sinfulness of lying, as it is often scarcely 
regarded as a sin and confessed as a matter of custom, in many 
cases, it must be feared, without due sorrow and purpose of 
amendment. He should point out to the child the particular 
hatefulness of lying, as expressed by the Holy Ghost in Holy 
Writ: ^' Lying hps are an abomination to the Lord" (Proverbs 
xii. 22), and that ''a lie is a foul blot in a man" (Eccles. xx. 26) ; 
that God, as the eternal truth, especially hates, detests, and 
punishes lying (Eccles. vii. 14) ; that men also detest a liar, for one 
who has once lied is not trusted again ; that lying brings a child 
no good, as everything comes to light sooner or later. 

(6) If the child has stolen something, the confessor must 
inquire concerning the cause of the theft. Causes of theft may 
be : Want, in the case of very poor children, who do not receive 
sufficient food, or who cannot procure the necessary articles for 
school use. This cause will be discovered without much diffi- 
culty by the question: ''What did you steal?" ''What did 
you do with the stolen money ? " Of course such children must 
be treated leniently, but forbidden to steal again; at the same 
time they should be told that if they are again in need of any- 
thing, to come to him, the confessor (or the parish priest), and 



672 THE MINISTER OF THE SACRAMENT 

make known their trouble, and the}^ will be helped. Sensuality 
may be another cause; inducing them to pilfer sweets, or buy 
them with stolen money. These children should be earnestly 
admonished, often to think that God sees them. Finally, a cause 
of stealing may be an innate or acquired tendency. In these 
cases the amendment of the child is very difficult, but the con- 
fessor should not give up hope, even when the tendency is 
deeply rooted. In the first place, he should point out to the 
child the sinfulness of steahng, and suggest the necessary meas- 
ures (according to the circumstances) for overcoming and 
eradicating the evil — daily renewal of purpose and prayer 
for grace, recollection of the presence of God. If the children 
are induced by their parents to steal, the confessor can only 
command them not to obey their parents in future, and to 
declare that they must obey God who has forbidden stealing; 
the rest he must leave to the grace of God. If the child is led 
into stealing by others, it must, of course, give up all intercourse 
with them at once, and (according to the circumstances) inform 
parents and teachers of the fact. The duty of restitution* is not 
to be imposed upon children, as they are generally incapable of 
making restitution,^^ ^ excepting the case where the child still 
possessed the stolen object; it should then be admonished to 
restore, the object, in order effectually to deter it from stealing.^^^ 
(c) The most dangerous and worst sin wit'h children is that 
of impurity. If a child accuses itself of this, and if the priest 

^1'^ The reason which Aertnys (Instr. pract. 1. c.) adds to this : quia hanc 
ohligationem non intelligunt, can certainly not be allowed to hold in the case 
of older and more educated children. 

5^8 Tappehorn, 1, c, says that in all case.<i the confessor jjikM insist that 
the thing stolen should, if possible, in some way or other, even with the 
help of the confessor, be restored ; but, surely, this is too severe, even with 
tlie limitation " if possible," and the addition that absolution might rather be 
deferred till tlie restitution had been made, must be limited to the case of a 
more considerable theft, when the stolen object is still in the possession of 
the penitent, and, perhaps, to the case of a child who had repeatedly com 
mitted thefts. 



THE CONFESSION OF CHILDREN 573 

believes that real sins of impurity are in question, he must 
investigate if the child has fallen into them through his own 
desire, or through the seduction of others. If the former is the 
case, the confessor should point out clearly and in a manner 
adapted to its comprehension, the heinousness of this sin, which 
ruins body and soul, and makes us, as does no other sin, an 
object of horror to an infinitely pure God. He should remind 
the child of our divine Redeemer at the pillar, where, by the 
dreadful pain and shame which He suffered. He atoned for this 
sin. All this he should set before the child in eloquent, impres- 
sive words, so that it may recognize how much his confessor 
detests these sins and loves the virtue of purity. Let the con- 
fessor take occasion to glorify this holy virtue, pointing out how 
much it is loved by God and man, how much praised by the 
Holy Ghost, how it ennobles a man, making him Hke the angels. 
This recommendation of holy purity will be especially fruitful 
if accompanied by a special devotion to holy and chaste young 
saints, especially to the Virgin of virgins, to St. Agnes, St. Alo- 
ysius, St. Stanislaus, and St. John Berchmanns. In this manner 
let him bring the child to a detestation of its sins, and to a firm 
and determined purpose of resisting wicked desires and all temp- 
tations of Satan, and to adopt the necessary means for this. As 
means of amendment he can prescribe according to circum- 
stances: daily renewal of the good resolutions, daily prayer to 
the Blessed Virgin, frequent and regular reception of the holy 
Sacraments ; especially confessions each time the sin is committed 
(this latter remedy is particularly to be recommended if the sin 
has already become habitual, or has led to pollution). Other 
devotional exercises are th^ honoring of St. Aloysius, especially 
by the six Sundays of Aloysius (the celebration of which may 
very well be recommended to older children) ; little mortifica- 
tions for the purpose of overcoming sensuality are also very 
appropriate. If seduction by others was the cause of the fall, 
the confessor must direct the child to avoid intercourse with 



574 THE MINISTER OF THE SACRAMENT 

the evil companion; but if this is morally impossible (for in- 
stance, when older brothers and sisters, or children of the same 
school, are the seducers), he must give suitable rules by means 
of which the immediate occasion may become a remote one. 
Whether the child may be commanded to denounce the seducer 
to parents or superiors depends upon circumstances, and the 
priest must examine into these ; a denunciation is a very effica- 
cious means by which the sins of others also may be checked. 
He must then tell the child how it can do this. 

The third task devolving upon the confessor is to judge of the 
chiMs disposition, and according to his decision to give absolu- 
tion or to defer it. If the child has made a sincere confession, 
answered candidly the confessor's questions, listened attentively 
to his exhortations, said the act of contrition devoutly and ear- 
nestly, if its behavior has been generally good (before confession 
also, in the church, at the preparation), or if in answer to the 
confessor's question it has declared that it was sorry for its sins, 
and that it wished to amend, the confessor may be satisfied as 
to its dispositions. If he still doubts as to the child's disposi- 
tions (even after he has taken pains to dispose it, for, in doubt, 
the confessor must, as shown above, seek to dispose the peni- 
tent), or if he doubts as to the necessary usus rationis, and if 
the child will not come again for two or three months (as is 
mostly the case) or if it is in danger of death, he should give 
conditional absolution. This also is allowed (in a case of doubt- 
ful disposition) when the child has confessed venial sins only, 
and it is not likely that it will soon come to confession again. 
Concerning the postponement of absolution, see the principles 
laid down above, which apply here also.^^^ 

As to the penance, let the confessor observe the teaching dis- 
cussed above (§ 33). Let him be careful not to impose any 
severe penance upon the child, though it should be easier at one 

5i» Cf. S. Alph. Lib. VI. n. 482; Prax. Conf. n. 91 ; Aertiiys, 1. c.ii. 125. 



CONFE:SSION OF YOUNG UNMARRIED PEOPLE 575 

time, and severer at another, corresponding to the sins. More- 
over the penance should not be extended over any long period, 
on account of the forgetfulness of children; nor be such as the 
child must perform before others, and thus be exposed to confu- 
sion. 

In conclusion, we briefly refer to the question: How often 
should children confess? If there are diocesan regulations on 
this point, — and there are in most dioceses, ^ — they must, of 
course, be observed. Where no such direction exists, the zeal- 
ous and conscientious priest will — as confession is of such great 
importance for children, and as it is one of the most powerful 
means of preservation from sin and the practice of virtue, espe- 
cially with those who have not 3''et made their first communion 
■■ — assuredly be glad to follow the precept which St. Charles Bor- 
romeo gave to his clergy, namely, to induce children to confess 
frequently.. Let confession four times a year be the rule, and 
if he considers it necessary, on account of particular circum- 
stances, he will readily grant the children more frequent oppor- 
tunities ; those who are preparing for their first communion, 
especially, he will admit to confession frequently during the last 
year before the reception ; say, every month, as is the regulation 
in some dioceses.^^^ 

75. The Confession of Youngs Unmarried People. 

Youth, the springtime of life, is the most beautiful, but at 
the same time the most dangerous, period of existence. The 
young man and the young woman, more or less removed from 
parental care and observation, come into closer contact with 
the world ; many young people are obhged to leave the parental 
roof to learn a business or trade, or to earn money for their own 

^■^•^ Tappehorn, Anleitiing zur Yerwaltung* des Buss-Sakramentes, §48; 
Aertnys, Instr. pract. cp. 2, art. 1, nn. 120-128. Dubois, The Practical 
Confessor; Frassinetti, The: Confession .of Children. 



576 THE MINISTER OF THE SACRAMENT 

support or for that of their relations, in factories, workshops, or 
in strange houses as servants. And the dangers which, either 
temporarily or constantly threaten them in these places, are not 
slight. Others, more happily situated, can remain at home, but 
even here they are not sheltered from all the dangers which the 
world, and contact with it, prepare for them. And youth is so 
trustful, so easily beguiled, dazzled, and misled; the youthful 
heart is so susceptible, the youthful ear so open, evil often finds 
its way to the guileless heart in the guise of what is good or 
harmless or indifferent; it is excused, or represented as neces- 
sary, whereas virtue is despised as weakness or reviled as folly, 
or denied as impossible. In the heart the passions and the 
sensual impulses awaken, while the enemy of all good constantly 
watches to achieve the ruin of the soul. The greatest dangers 
are pleasure, bad company, had hooks, and human respect. There- 
fore is it so very important that the young should have an expe- 
rienced, wise, circumspect confessor who knows youth well, — 
the youthful heart with its incUnations, the youthful mind with 
its aspirations and the dangers that beset its path ; a confessor 
who can admonish, instruct, and guide it, incite it, and awaken 
its enthusiasm, restrain and warn it ; who will hold fast to right 
principles, but enforce them with wise moderation; w*ho will 
lead his young penitents into the ways of goodness and virtue 
without exciting their resistance — a confessor who has a 
warm heart for youth. Let him, therefore, gladly take upon 
himself the difficult but noble and blessed task of being a 
father and guide to youth. Of this labor St. John Chrysostom^^^ 
says truly: ^'What is equal to the art of guiding the souls of 
the young, of forming their minds and hearts? He who is 
equipped with the capacity for it must exercise more care than 
a painter or a sculptor upon his work." That the confessor of 
young people may work with success it is necessary that he 

521 jjQm, 59 iu ]\jatt, xviii, n. 7. 



CONFESSION OF YOUNG UNMARRIED PEOPLE 577 

should win their hearts by the absolute confidence with which his 
truly fatherly love inspires them. Let him not repel these young 
people by cold, harsh treatment, but make due allowance for 
their weakness, their inexperience, their inconstancy; they will 
then follow his instructions, admonitions, and counsels with 
docility and with the enthusiasm which is peculiar to youth. 
Moreover, let him make the work of confessing easy to them so 
far as may be, in order that they may gladly and often confess 
and communicate. If it is possible, let him induce and accus- 
tom them to the constant habit of confessing every month, or 
at least every two or three months ; for frequent confession and 
communion is of especial benefit to young people, in order — 
(1) to preserve them from sinful habits, for they will rise the 
quicker from sin the oftener they approach the Sacrament of 
Penance, and sin cannot settle into a habit if the heart is quickly 
cleansed from it. In any case the beginnings will be easily over- 
come. If, however, a sinful habit has already taken root, fre- 
quent confession and communion is the most certain, often the 
only, remedy. (2) By it they accustom themselves to pious exer- 
cises, which are learnt and performed more easily in youth than 
later on, and by continued practice they will be confirmed in 
piety, which is itself a firm support of weak and vacillating 
youth, a safe and protecting bulwark against danger. 

(3) They will then also receive the holy Sacraments frequently in 
later life, and will he preserved from that pernicious fear of the con- 
fessional, from which so many men and women suffer in our days. 
For, as the Holy Ghost teaches, and experience proves, a youth 
will not forsake easily in old age the path which he trod in early 
years. But those who in youth seldom receive the holy Sacra- 
ments will, as experience also proves, shun confession more and 
m re as age advances.^^^ 

^■^■2 It is good to invite them at stated times to monthly communions in 
regular turns, and if a number of the young people of the parish approach 
holy communion every Sunday, it will edify, and will induce older per- 



578 THE MINISTER OF THE SACBAMENT 

When the confessor has a suspicion that his young peni- 
tents have not confessed sincerely, he may (as it shall seem to 
him advisable, and having regard always to the rules applicable 
to questioning) ask if they have been much troubled by tempta- 
tions against holy purity, if they have had intercourse with cor- 
rupt people, if they have read bad books? He may also ask, 
especially where the preceding questions were answered in the 
affirmative, if they have done anything inimodest or permitted 
it ? But in all these questions let the confessor be modest and 
careful in his expressions, lest he wound by awkward questions 
and teach the penitent some sin before unknown to him, or ex- 
cite his curiosity. He will more easily attain to his end with 
young men, as these are generally more open than persons of 
the other sex. Sometimes young people of both sexes do not 
know what a sin of impurity is, although they accuse themselves 
of impure thoughts. 

The faults peculiar to youth are : — 

(a) Disobedience to parents and superiors, which results in 
much e^dl. The confessor must find out in what they have 
been disobedient — neglecting divine service, religious instruc- 
tions and the holy Sacraments, attending forbidden entertain- 
ments, frequenting bad company, keeping up dangerous and 
sinful connections with persons of the other sex (famiharities, 
flirtations). Then let him point out the evil consequences of 
their disobedience, the obligation of obeying which still remains 
in force when they have become older, are earning money, or 
supporting their parents, in fact as long as they remain under 
parental control. He should remind them of the promises of 
the fourth commandment, and the threats of God against 
those children who disobey this commandment. At the same 
time let him instill in their hearts reverence and love for their 

ROUS to frequent reception of the holy Sacraments. Attendance at the 
regular communion should be urged again and again; the latter should also 
be celebrated with some exterior solemnity. 



COXFESSIOX OF YOUNG UNMARRIED PEOPLE bid 

parents and superiors. Then let him lay special stress upon 
sincerity toward parents, superiors, and the confessor; and in- 
culcate a deep abhorrence of dissimulation and lying, Avhich 
make the education, protection, and guidance of inexperienced 
youth impossible, and expose it to great dangers. 

(h) Love of pleasure. It excites the young man (and also the 
young woman) to a craving for enjoyment, withdraws him more 
or less from useful pursuits. It leads the young man into danger- 
ous society, the young woman into ruinous and sinful intimacies, 
which are secretly and prematurely carried on, and are fruitful 
in sins and excesses; it ultimately leads both of them into dis- 
obedience toward their parents, to lying, to extravagance, to 
deception and theft practiced on parents, and to still worse 
things. Moreover, it takes from them all devotion and fear of 
God. 

(c) If love of pleasure appears more in young men, desire of 
pleasing is characteristic of young w^omen; it induces vanity, 
levity, distraction, and sins against chastity. The confessor 
should combat these passions with all his zeal and show how 
they may be suppressed. 

He should recommend to young people as excellent means of 
acquiring and cultivating the fear of the Lord and true virtue : — 

1. Regular daily prayer, and attendance at divine service, Mass, 
sermons, and Christian instruction. As long as a young man or 
a young woman say their daily prayers and attend Mass, it is 
well with them; but as soon as they begin to grow negligent in 
these practices, it is a certain sign that they are no longer in the 
path of virtue, and if they have not yet reached the broad high- 
way of vice, they are certainly on the road which very soon 
leads into it. Experience teaches that a man does not become 
all at once corrupt and wicked; he usually falls imperceptibly 
and by degrees. He no longer confesses and communicates 
regularly every four weeks, — first five elapse, then six or seven : 
morning and night prayers are no longer said punctually and 



680 THE MINISTER OF THE SACRAMENT 

kneeling, — they are sometimes omitted, shortened, said in bed , 
now and then the rehgious instruction and the afternoon devo- 
tion are missed, and excuses are forthcoming ; at the same time 
there is no longer the earnest endeavor to resist temptation, 
there is no longer the same fear of sin. Upon the lesser negli- 
gences supervene greater ones, and upon the smaller faults 
greater sins. This is the usual progress. Let the confessor, 
therefore, urge punctual prayer and regular attendance at divine 
service. 

Many young men and women cannot attend at Mass on week- 
days ; if they are absent from it on Sundays also, they are not 
only robbed of many necessary graces, but they neglect the first 
duty of man, the service of God, become more and more es- 
tranged from God and holy things, and in the same measure 
attached to the world and worldly things, with the result that 
sin and passion are more easily and more deeply rooted in them. 
If young people come with the excuse that they were obUged 
to work on Sunday, and therefore were not able to be present 
at Mass, the confessor must investigate the validity of this 
excuse and give the necessary directions and instructions. He 
should not be overready to admit its vahdity; in towns espe- 
cially, by a little good will and zeal, though at cost of some 
effort, Mass may be heard before work begins. , These same peo- 
ple will often deprive themselves of necessary rest when it is a 
question of pleasure ! Work on Sundays is not always inevi- 
table and absolutely necessary, and other situations are to be 
found in which it is not demanded. The confessor must inquire 
into all this. 

2. Great esteem for holy purity and a great horror of im- 
purity. For this purpose the confessor should encourage (a) the 
reading of good books, warn his penitents against idleness, and 
instill in them a love of virtue (§ 66, IV). He should also (b) cau- 
tion them against sinful talk and familiar intercourse with persons 
of the opposite sex, and against bad company; this warning 



CONFESSION OF YOUNG UNMARRIED PEOPLE 581 

should be especially addressed to young women, who should 
also be admonished to be decent and modest, as becomes virtu- 
ous women, at all times and in all places — • at work, at recrea- 
tion, in the house, out of the house, in dress, and in manners ; 
(c) he should endeavor, to the best of his ability, to keep them 
from dangerous pleasures, especially from theaters, dances, 
shows (§ 66, II. Ill), and certain pleasure trips, which, unfor- 
tunately, in our days are so general, and for which so many 
opportunities are afforded; indeed, he will be obliged to forbid 
many of them to certain penitents as they are for these penitents 
occasio proxima relativa; (d) he should also seek to hinder 
young men from joining certain societies, the principal object 
of which is pleasure, and which so often give occasion for profa- 
nation of Sundays and holidays and for other scandals, and in 
which the ruhng spirit is not one favorable to religion and vir- 
tue. On the other hand, he should recommend them, and 
young women also, to join a well-conducted religious society or 
sodality; (e) he should induce them confidently to unfold to 
their confessors all their temptations, struggles, and difficulties; 
(/) finally, he should recommend and urge frequent reception 
of the holy Sacraments after careful preparation and an earnest 
endeavor to sanctify the day of communion. 

But only the regular confessor can, in this prescribed manner, 
produce permanent effect upon young men and women. Only 
he who has known and guided his penitent a long time can effec- 
tively warn him against threatening dangers; and when the 
latter has gone astray, a confessor can easily lead him back, 
and preserve him from future dangers and relapse. It is, there- 
fore, of the greatest importance that young people should not 
change their confessors without a good reason. They should be 
advised to choose a regular confessor and to give him their con- 
fidence, ready to submit with docility to his admonitions and 
precepts. But if his penitents confess once or twice to another 
priest, the permanent confessor must by no means express dis- 



582 THE MINISTER OF THE SACRAMENT 

pleasure or irritation ; under certain circumstances he must even 
express satisfaction at it, for it is better that they should confess 
sincerely to another priest than sacrilegiously to him. When 
they return to him he should show even greater love and con- 
cern for them, and resume their guidance with the accustomed 
conscientiousness. The priest to whom these penitents come 
without the knowledge of their former confessor must receive 
them kindly, dispose them, if necessary, and induce them to be 
sincere after they return to the former confessor. 

The confessor must devote special attention to a vice with 
which so many young people are infected — the vitium pollu- 
tionis — in order to preserve those who are still untainted by 
this pest, and to dehver and cure those who are its victims. In 
a former section (§ 69, II) we have said what was necessary on 
this point, and enumerated the remedies which the confessor 
must apply to these unfortunate penitents.^^^ If the young 

^-3 Here we will only insert the Notanda from the Instr. pract. P. III. ai't. 
II. § 1, n. 131, by Aertnys: (1) Animadvertat confessarius, quod docuit experi- 
entia, nempe nullum coelibem, qui ad provectam cetatem usque in habitu hujus, vitii 
vlxerit, ad f rug em redire posse nisi extraordinaria Dei gratia pixeveniatur ; prin- 
cipiis ergo obstet, ne malum per multas invaleat moras et sero medicina paretur. 

(2) Interdum inveniuntur juvenes utriusque sexus, qui habitu pollutionis antehac 
irretiti, valde cupiunt liac miseria soluti esse, sed vehementer tentantur, et, quam- 
vis resistant et orent, pollutio nihllominus scepe evenit. Idem aliquando contingit 
ob corpojds complexionem nervosam aut sanguinosam, quce- vehementes tentationes 
causat. Qid doceantur pollutionem omnino involuntariam non esse peccatum. 
Nevertheless, the confessor must be careful, and not readily believe that the 
penitent had sufficiently resisted, but duly investigate if this has been the case. 

(3) Others resist at the beginning, but lose courage if the temptation does 
not cease, wrongly iuiagining that resistance is in vain. Such must be 
encouraged to further resistance ; sitamen pollutio sequitur sua sponte, invol- 
untaria censenda est utpote prceier voluntatem secuta, and, therefore, there is no 
sin. (1) A Hi dem,um timoratce conscientice, sed neriwsce complexionis, in lecto vehe- 
mentes commotiones carnis identidem patiuntur ; si positivam resistenttam oppo- 
nere pergant, obdormiscere nequeunt, et, si tandem sopiantur, pollutio in somno 
erenit. These should be admonished to pray for divine help, to make a firm 
act of disapproval, and then, with a quiet conscience, to assume a passive 
attitude, in accordance with the teaching of St. Alphonsus, Lib. V. de pec- 
cato, n. 9. 



ADVICE REGARDING VOCATION 58B 

penitents (male or female) are inmates of an educational estab- 
lishment, the confessor must not overlook the possibihty of 
particular friendships, as these prove to be very injurious. At 
first they are merely matters of fanciful preference, without 
harm. But later on such friends hke to separate themselves 
from others when they are able to do so, and by degrees the 
relationship between them tends toward sensuahty and to sins 
against purity. This evil the confessor must judiciously en- 
deavor to avert ; if he observes such friendships, he must demand 
that they be broken off, if necessary, under threat of refusing 
absolution. And if one of the parties continues to be a cause 
of temptation, he must be denounced to the Superior if this is 
possible. The confessor may be assured that only by legitimate 
severity will anything be accomplished in this matter.^^^ 

76. The Confessor as Adviser in the Choice of a State of Life. 

It will often happen that the confessor is in a position to help 
young people in the choice of a state of Hfe ; we will, therefore, 
lay down a few rules on the point. 

1. The confessor is by his calhng an adviser to his penitents 
in this matter; for he knows the souls of his penitents, their 
inclinations, faults, and weaknesses, and the duties of the dif- 
ferent states of life. He is likewise apt to receive a special illu- 
mination of divine grace in the exercise of his office, and he is 
probably always the most impartial of those concerned in the 
decision of this question. Hence the penitent usually lays this 
question of his future before his confessor with the greatest 
confidence. 

2. The right choice of a vocation is of supreme importance 
for a young man or young woman; upon it depend not only 
the temporal and eternal welfare of the party in question, but 

^24 Aertnys, 1. c. art. II. § 1, nn. 128-133 ; Tappehorn, Anleitung zur Ver- 
waltung des Buss-Sakramentes, 4 Abschn. § 85. 



584 THE MINISTER OF THE SACRAMENT 

also the happiness and unhappiness of many others. The con- 
fessor ought, therefore, to expend very much care upon this 
question; he must consider, investigate, pray, and admonish 
the penitent to do the same. The decision of such a weighty 
matter should never be hasty. Noli prcecipitanter agere; diu 
considera, magnum est, quod proponis, writes St. Bernard.^^^ The 
confessor must inquire into the abilities of the young man or 
woman, the moral condition, and also the exterior circumstances 
of the person; he must consider the question of means and 
foresee difficulties which may arise. He must then investigate 
if the intentions of the person in entering upon this state are 
pure and acceptable to God. Finally, he must have recourse 
to God in earnest prayer, that he may be able to give his peni- 
tent the right advice in so important a matter. Tria sunt 
difflcilia mihi et quxirtum penitus ignoro, namely: viam viri in 
adolescentia (Prov. xxx. 18, 19). St. Philip Neri, the paternal 
friend and guide of youth, recommends in the choice of a vo- 
cation, time, prayer, and counsel. 

3. The confessor should not seek to persuade young people 
to embrace some particular calling: ^' Circa statum ah aliquo 
adolescente eligendum non audeat Confessarius ilium ei determi- 
nare, sed tantum ex indiciis curet suudere statum ilium, ad quern 
prudenter judicare potest ipsum a Deo vocari,^\ is the admonition 
of St. Alphonsus to confessors.^^® The confessor should, there- 
fore, direct the young man to submit the matter to Almighty 
God, who determines the station in life of every individual, and 
teach him that each one must seek to know the will of God, and 
be ready to follow the divine call, whatever it may be, for a 
man can be permanently and truly happy only in that state 
which God has allotted him. He should admonish him to im- 
plore with perseverance light from on high, and to this end 
perform some special devotion — a novena to Our Lady of 

^25 Serm. super Ecce nos. 
526 Praxis Confess, n. 92. 



ADVICE BEGARDING VOCATION 585 

Good Counsel, or to St. Aloysius, the patron of youth, or to 
St. Joseph; to receive the holy Sacraments, and preserve him- 
self from all grave sin, so as to place no obstacle in the way of 
the divine light of grace. 

All this being done, the confessor can, trusting to the grace 
of God, give an answer which shall be, if possible, decisive. 
God is wont to make known to a man the station destined for 
him in a threefold manner : (a) by miracles, as He did in the case 
of St. John the Baptist, St. Paul, and many other saints ; Q)) by 
interior illumination and suggestion, by means of which the 
individual is enabled to recognize the will of God clearly, as we 
see illustrated in the lives of very many saints in quite a remark- 
able manner; (c) and generally, by means of outward circum- 
stances, by pronounced inclination and special capacity for 
some state of life; among these circumstances may be reckoned 
the exterior providential guidance of men, which the world calls 
chance, but which the Christian enhghtened by faith recognizes 
as the providence of God. 

Respecting individual calhngs, the confessor should observe 
the following : — 

I. Religious Orders. 

If a young man or woman shows an incHnation to enter a 
Religious Order and consults the confessor about the matter, the 
latter should first investigate if the penitent has the ordinary 
abihties for such a life, if he has sound judgment and a good 
character, if he is disposed to obedience, if he possesses relatively 
sufficient talent and knowledge, and if he is healthy. For one 
who is not of sound judgment is subject to many hallucinations, 
and St. Teresa used to say, very wisely, that she did not wish 
to have either scrupulous or melancholy persons in her Order, 
that is, such as were subject to these faults in a considerable 
degree, because such persons are a cause of much trouble both 
to themselves and the community. Those who have not good 
health will not be able to observe the general regulations of the 



586 THE MINISTER OF THE SACRAMENT 

establishment, and, therefore, will be more of a burden than a 
benefit to the community, and will not be able to set a good ex- 
ample. The priest should then test the penitent's intention in 
entering the Order, to see if it is the right one, namely, to unite 
himself more intimately and closely to God, to atone for the 
errors and sins of his former life, and to avoid the dangers of 
the world. If the confessor should discover that the intention 
has been influenced by some such motive as the expectation of 
leading a life free from cares, or of escaping from the tutelage 
of harsh relations, or by desire of complying with the wishes of 
parents, he should proceed cautiously, for under the circum- 
stances it may be suspected that there is no vocation.^" If, how- 
ever, the intention is right, and there is no obstacle in the way, 
the confessor may not, and cannot, under grave sin,^^^ prevent or 
dissuade the person from following his vocation; nor may any 
one else do so. The confessor must also investigate if the pur- 
pose of the individual in question is firm and steadfast; in order 
to make sure of this, it is sometimes advisable to defer for a 
time the execution of the intention, especially if the confessor 
knows the young person to be rather fickle, or when the resolution 
to enter the Order was taken during a Mission, or under the in- 
fluence of a Retreat, because resolutions are sometimes made 
on such occasions, which, when the first zeal has cooled down, 
are not kept.^^^ The confessor must be especially careful with 
penitents w^ho, on account of frequent relapses into sins of 
impurity, give rise to the suspicion that they do not lead chaste 

^2'' To deny absolutely the existence of a vocation under such circum- 
stances is too severe a doctrine ; higher and purer motives may exist along 
with those of a distinctly lower order, and the aim of the confessor should 
then be to foster the higher motives while eliminating the lower ones. 
Great caution, unquestionably, should be used where inferior motives are 
detected, but we should never lose sight of the possibility of God's grace 
being granted to those whose ideals are not at first of the very highest 
order. 

- 628 Cf. S. Thomas, Quodlib. III. art. 14. 
^' 629€f^-S.Aiph'. Pi-ax..Cx»tit n. 92; Aertnys, 1. c, n.. 134. . . 



ADVICE REGARDING VOCATION 587 

lives; and also with those who have reached middle age, be- 
cause it is to be presumed that, being settled in their habits 
and views, they would find obedience too difficult ; finally, he 
should also be extremely careful with those who have already 
belonged to an Order, because these do not generally persevere, 
or are not adapted to a life in community. 

When the confessor has satisfied himself, as far as possible, 
concerning the vocation for a Religious Order, he will have no 
difficulty in discovering to what Order the young person is 
called. Here he must pay special attention to the inclinations 
and dispositions of the candidate, and whether regular observ- 
ance prevails in the Order under consideration. But as long as 
the question of the calling is not quite decided, he must insist : 
(1) that the person maintain silence with every one, even his 
parents, concerning it, till it is recognized as his vocation, and 
is to be carried out; (2) that he should persevere in prayer for 
guidance, and frequently receive the holy Sacraments; (3) that 
he should shun the distractions, pleasures, and vanities of the 
world, otherwise he will run the risk of losing his vocation. 

II. The priesthood.^'' 

Holy Writ, both in the Old and New Testament, teaches that 
a vocation from God {vocatio divina) is necessary for receiving 
Orders {status clericalis). Our Savior Himself expressed this 
truth very clearly when He said to the first priests of the New 
Law: "Non vos me elegistis, sed ego elegi vos,'' and His Apostle 
also, who writes: "Nee quisquam sumit sibi honor em, sed qui 
vocatur a Deo tanquam Aaron'' (Heb. v. 4). The confessor 
must, therefore, carefully examine the candidate's vocation to 
the priesthood; indeed, this investigation is even of greater 
importance than in the case of the candidature for a Rehgious 
Order. For if the religious takes upon himself greater burdens 

530 Cf. S. Alph. Praxis Conf. ii. 93; Aertiiys, 1. c. n. 135; Tappehorn, 
Anleitung, etc., § 85; Lehmkuhl, Theol. Mor. Lib. VI. Tract. VII. nn. 398, 
408, 



588 THE MINISTER OF THE SACRAMENT 

with regard to obedience and voluntary poverty, and if the love 
of community hfe and a submissive spirit is not to such a high 
degree necessary in the secular priest, yet greater dangers 
threaten the latter, and fewer safeguards are at his disposal 
than are possessed by the religious, who, in the rule of his Order 
and the regular hfe of a monastery, finds a powerful help.^^^ 
The chief signs, by means of which the confessor may recognize 
a vocation for the priesthood, are : (1) right intention — not 
seeking a comfortable life, a future free from care, and honor 
in the eyes of the world, but only the honor of God, and the sal- 
vation of souls; (2) a persistent inclination to the spiritual 
state, joy in the spiritual life, and in the offices of the priesthood; 
(3) confirmed virtue {'^virtus probata,'^ or prohitas vitce, positiva 
nempe, its virtutihus suhnixa, quce dignum efficiant altaris minis- 
trum) ; especially purity of heart, temperance, piety, modesty, 
and zeal;^^^ (4) abihty to perform the duties of this station. 
As, in our days, nearly all who enter the clerical state wish to 
become priests also, and by far the greater number of priests 
have cura animarum, this ability consists in an average mental 
endowment and the necessary knowledge, joined to a love of 
ecclesiastical science, in prudent judgment and right conscience 
(very scrupulous youths are unsuitable). According to the 
teaching of St. Alphonsus, one who intrudes himself into the 

531 u JJnde concludes, gravissimi momenti esse munus turn Seminarii directoris, 
turn alumnorum confessarii, ut mature alumnos dirigant, eorum animos efforment, 
defectum aptitudinis o.periant, imo nisi de confessario confessionisque sigillo vel 
simili secreto agitur, ineptos etiam relegendos curent." — Lehmkuhl, 1. c. 

^32 Concerning purity of heart, compare § 69. " De divina vocatione hie 
imprimis nota, debere positiva prohatione constare de vitce prohitate turn Superiori, 
ut ad Ordines, maxime sacros, admittere possit, turn ipsi candidato, ut sacrum 
ordinem suscipere sibi liceat." — Lehmkuhl, 1. c. And very justly Aertnys 
writes (Instr. pract. 1. c. n. 135 fin.) : Nisi juvenes innocentiam servent, dum 
in Seminario ad sacerdotales virtutes efformantur, vix spes est fore, ut illam ser- 
venl in Sacerdotio constituti. Unde turpiter seipsns illi decipiunt, qui arhitran' 
tur, 86 in Sacerdotii gradu poaitos emendaturos esse vitia, in quibus laid vel clericl 
sorduerunU 



ADVICE REGARDING VOCATION 589 

priestly office without a vocation cannot be acquitted of great 
presumption, as he exposes himself to the great danger of losing 
his own soul and of giving scandal to the faithful. He will, 
therefore, not be free from grave sin.^^^ But it sometimes hap- 
pens that those who were certain of their vocation become 
doubtful and vacillate; temptations of the evil one arise and 
cause confusion; friends and relatives exert their influences in 
order to turn them from the spiritual state, joy in worldly 
pleasures and diversions makes itself felt; they fear and shrink 
from the duties of the office, thinking they will not be able to 
perform them, or they believe themselves unworthy to enter 
such a holy state. If a confessor finds a penitent tempted in 
this manner, he must try to inspire him with courage and con- 
fidence, make him understand that every state in fife has its 
burdens, but that in none is the yoke fighter than in the one 
assigned by God. He should point out to him the deceits with 
which the enemy of all good and the ^^ father of lies" so often 
confuses souls; remind him of the teaching of Jesus, that the 
kingdom of heaven suffereth violence and that only the violent 
carry it away, that he who will follow Jesus must take up his 
cross and carry it daily. At the same time he must recommend 
prayer and absolute submission to the will of God. 

III. The state of virginity {status virginitatis in soeculo). 

If a w^oman living in the world has a serious wish to preserve 
virginal purity, the confessor must confirm and support her in 
so good and salutary a resolution, for it is very pleasing to Jesus, 
the lover of pure souls. It offers a safer and easier way to holi- 
ness, and the state of virginity by far exceeds in merit and dig- 
nity that of matrimony. The confessor should, however, only 
allow those to take the vow of perpetual virginity whom he 
knows to be truly steadfast in piety and virtue, and of firm and 
decided will. As a rule, he should allow younger persons to take 

533 S. Alph. Lib. VI. nn. 802-804; Examen Ord. n. 45. 



590 THE MINISTER OF THE SACRAMENT 

this vow for a short time only at first, — say for six months, — • 
and afterwards, when they have proved themselves steadfast, 
and he sees that it is beneficial to them, he can extend the period 
to one or two years, and only later permit them, to bind them- 
selves by vow to perpetual virginity; or he should permit the 
perpetual vow under a conditional resolution, such as: ^^nisi 
Confessarius pro tempore judicaverit expedire, ut votum desinat. " '"^^ 

The confessor should give special attention to those penitents 
who have really taken the vow of virginity, instructing them 
not only to be faithful to their vow, but to lead a perfect hfe 
accorcUng to- their station and capacity. 

IV. The state of matrimony. 

Although the state of \drgim'ty possesses a very exalted 
dignity, the state of matrimony has divine sanction. The 
Church has always esteemed it highly, faithfully following in 
this respect the example of her divine Founder, and has always 
defended the chgnity of Christian marriage wherever it was 
called for. God has ordained marriage for most men as their 
state of Hfe; and, since upon the faithful performance of the 
duties of married people depend, not only their own temporal 
and eternal welfare, but also that of the family and of society, 
let the confessor, when occasion is offered: (1) direct his en- 
deavors to prevent young people from entering into the state 
of matrimony too soon, without preparation, tvithout knowledge 
of its duties, or capacity to perform them, and with an impure 

534 S. Alph. Prax. Conf. n. 93. Cf. Aertnys, Theol. Mor. Lib. III. Tract. 
IT. n. 112. We may suggest that the following distinctions are to be made : 
(1) votum non nuhendi seu coelibatus ; (2) votum virginitatis ; (3) votum 
(perpetuce) castitatia. The first prohibits marriage (^ergo non formaliter sed 
consequenter tantum inducit ohUgationem perfectce cas.'itatis) ; the second, any 
peccatum consummatum, by which virginity is violated, i.e. rohintariam seyninis 
effusionem, si de viro agitur, sive per copulam, sive per poUutionem jit; si de 
muliere agitur, copulam aut innaturalem corporalis integritatis Icesionem culpa- 
biliter facta m ; the third forbids (formaliter et per se) every interior or exte- 
rior act which is contrary to chastity ex motivo religionis. Cf. Lehmkuhl, 
Theol. Mor. P. II. Lib. I. Tract. VIII. n. 719. 



ADVICE BEG A E DING VOCATION 591 

motive; (2) oppose most energetically those forbidden and per- 
nicious intimacies which are the worst imaginable preparation 
for marriage, and generally the occasion of grave sins, and toler- 
ate only the acknowledged and necessary intimacies a short 
time before the marriage, with due observance of the necessary 
measures of precaution; (3) instruct those penitents who have 
a vocation for marriage, and wish to enter that state, concerning 
its duties ;^^^ (4) admonish them to inform their parents of their 
intention to marry, in order to obtain their advice and assistance. 
For, as on the one hand, parents w^ould sin who deterred their 
children, sine justa causa, from contracting an honorable mar- 
riage, so, on the other hand, children would sin who wished, 
against the will of their parents, to contract a marriage calcu- 
lated to bring shame and dishonor upon a family, without some 
vahd ground which would constitute an excuse for so doing.^^^ 

^^5 See the following section. But he must by no means meddle with 
engagements ; every pastor, every priest, should be on his guard against 
this, " for the zeal of relations in this matter is already great enough," 
remarks Frassinetti, who continues: "In matrimonial matters the world 
wishes to act independently ; and it is well that it does. Priests who do not 
interfere in these matters act well in the eyes of God, and meet with the 
approbation of men " (Frassinetti, 1. c. VI. chap. On the Sacrament of 
Matrimony, § 1, n. 458). On the other hand, it would be no dangerous 
interference, and would not be taken ill by any one, if the confessor en- 
deavored to induce a man who had dishonored a young woman to marry 
her as soon as possible. However, one cannot speak of an absolute duty to 
marry the woman under these circumstances, nor may one always adopt this 
remedy. For if the woman were so immoral that infidelity toward her hus- 
band might be safely presupposed, or if the seducer were such a dissolute 
man that he would hear nothing about the bond of marriage, and it w^as to 
be presumed that he would abandon or illtreat his wife if he were forced 
into marriage, it would be highly imprudent to bring about such a mar- 
riage. The same applies to all other cases in which it could be foreseen that 
the marriage would result in misery. This would be trying to remedy one 
misfortune, as seduction certainly is, by a lasting evil, namely, a wretched 
marriage. The confessor must, therefore, first investigate the circumstances. 

536 Theologians teach that, per se loquendo, childi-en are not bound to obey 
their parents in the mattei* of their vocation (they might, per accidens, be 
sometimes bound to this, non v> proecepti, sed ex charitate), that children who 



592 THE MINISTER OF THE SACRAMENT 

77. Betrothal and Marriage. 

'^Maxima prudentia ac zelo hie opus habet Confessarius,'^ 
justly remarks Scavini, and continues (quoting the ''Methode 
pour la direction des ames"), '^Les personnes, qui vont se marier 
ont besoin de plusieurs avis pour ne rien omettre de leurs de- 
voirs, ne rien faire contre la saintete du mariage." The confessor 
should particularly observe the following points: 1. Betrothed 
persons should not, as a rule, live in the same house.^" Let the 
confessor insist with unrelenting severity in this matter. ^^^ 

2. The time of betrothal should be one of preparation for 
contracting a marriage well pleasing to God ; but it would be a 
very bad preparation on the part of the betrothed persons to 
burden their souls with grave sins against holy purity. Let 
the confessor, therefore, admonish them to preserve themselves 
free from all sins during this time, especially from those of im- 
purity; and he has the more reason for giving this advice 
because very great dangers threaten their virtue on account of 
the intimacy of their relationship, the frequency of their inter- 
course, and their mutual inclination ; moreover, this time of be- 
trothal is, often enough, a career of continued sin, and an almost 

wish to join a Religious Order are ?iot always bound to obtain the advice and 
assent of their parents, etc. Children should, hoM^ever, take into considera- 
tion the objections raised by their parents against their ^choice of a partner 
in life. This duty of children to ask their parents' advice and consent 
is one which ordinarily binds under grave sin, quia gravis contemptus est 
ac signum diffidentioe, fautam rem sine eorum consensu aggredi ac nurum aut 
generum ipsis insciis adducere. Cf . S. Alph. Lib. VI. n. 849 ; Lib. VII. n. 
335 ; Lib. IV. n. 68 ; S. Thorn. 11. Q. 104, art. 5, Suppl. Q. 47, art. 6. Cf. 
Aertnys, Theol. Mor. Lib. III. Tract. IV. n. 153. 

^^'^ Trid. Sess. XXIV. cp. 1 de ref. Compare the Ordinances of many pro- 
vincial and diocesan synods, many diocesan regulations, and even civil legis- 
lation. 

^^ Compare the doctrine of the occasio proxima, prcBsens libera. S. Alph. 
H. A. Tract. VII. n. 32 ; Scavini, Theol. Mor. Univ. Tract. X. n. 262. This 
is especially necessary when a dispensation for the intended marriage is 
sought, as this dispensation generally contains the clause, dummodo separate 
vivant. Cf. Bangen,.Instr. pract. de spousal, et matrim. I. p. 27 ss. 



BETROTHAL AND MARRIAGE 693 

uninterrupted round of distractions, pleasures, and worldly cares. 
It often happens that young women, who before their betrothal 
led a zealous, religious, and pure life, become during this time 
lukewarm and indifferent in the exercises of piety, in the recep- 
tion of the holy Sacraments, and even in attendance at Mass. 
With this comes carelessness in combating temptation; and 
moral perversion, alas ! often of the worst kind is the result. 
Therefore let the confessor watch, warn, and admonish. 

(a) He should explain to them that whatever is forbidden by 
God in the sixth and ninth commandments is no more allowed 
to them than to unmarried people in general; on the contrary, 
the prospect of a speedy union, their mutual love and weakness 
may lead them into greater temptations and dangers, and that 
they should, therefore, be more watchful and careful now, 
should pray more than before for the necessary grace and 
strength to remain pure, and to be able to approach the altar 
for the nuptial ceremony with hearts undefiled. He should 
also call their attention to the misfortunes in married life with 
which God, even here on earth, is wont to punish sins committed 
against the sanctity of the Sacrament by the betrothed. 

(6) He should forbid them any too famihar intercourse with 
each other, especially solius cum sola, in retired places at night 
or in the evening. He must not allow them to meet without 
some attendance and supervision. How many have been ex- 
posed to the greatest dangers by merely going to the door in 
the evening, and tainted a virtue which had been preserved 
spotless for years. Frequent visiting of engaged persons with- 
out supervision of parents or relations is, in general, to be re- 
garded and treated as an immediate occasion of sin, and that, 
not per accidens, but per se.^^^ St. Alphonsus inveighs severely 

53^ Cf. Benedict XIV, Inst, pastor. Sponsos eorumque parentes (parochi) 
admoneant, ne unquam sponsi sine testihus ac prcesert'un com^anc/ulnels, collo- 
quium simul ineant, si illud aliquando permittendum videtur : indecorum esse 
vetitumque eos simul habitare, c/raviter puniendos, si de hac re certiores facti 
fuerimus. 



594 THE MINISTER OF THE SACRAMENT 

against engaged persons and the parents who permit these 
visits and famiharities, and defends his severity by appeahng 
to experience. ^^^ Morahsts teach (and experience confirms 
their teaching) that too much famiUarity on the part of per- 
sons engaged constitutes the very greatest danger to chastity.^"*^ 
Frassinetti's words are to the point : ''Let parents see that their 
sons do not meet with too great famiharity, and, above all, 
not alone and without witnesses, the yoimg women whom they 
think of marrying. I say 'with too great familiarity,' for it 
would be useless to preach that betrothed persons should never 
visit one another. Such visits are partly necessary, in order 
that there may be mutual knowledge of one another, before 
they are joined by the indissoluble bond of matrimony. More- 
over, they would, in any case, wish to visit one another, on 
account of their mutual attachment, which, in view of their 
future marriage, is not reprehensible. . . . But the priest must 
earnestly impress upon parents the necessity of exercising great 
watchfulness over these visits. Great icatchfulness, in order that 
the young people may observe the strictest propriety in their 
intercourse with each other. The parents should, therefore, 
always have them under their observation. Such visiting should 
not be prolonged nor be too frequent. For, in these cases, 
it cannot be presumed that divine grace will assist the young 
people, as such conduct is neither necessary nor becoming; 
and, on this account, there will unfailingly be many dangers." 
(c) He should urge speedy marriages, as this will obviate 

540 Cf. H. A. Tract. 7, ii. 32 ; Tract, ult. ii. 3 ; Theol. Mor. Lib. YI. n. 452 ; 
Praxis Confess, n. 204. Cf. n. 65. 

5-11 Cf . Sanchez, De Matrimon. Lib. IX. Disp. 46, n. 52 ; Salmant. Tr. 26, 
cp. 3, n. 59; Sporer, De Matrim. n. 429; S. Leonard, Disc. mist. nn. 23, 24; 
Aertnys, Theol. Mor. Append. De prax. serv. cum occas. et recidivis, P. TIL 
cp. VII. n. 340 ss. The question whether sponsis amplexits et oscula honesta 
in signum amoris are allowed is answ-ered by tlieologians affirmative communi- 
ter, si fiaiit honesto modo juxta morem patrice sicut solutis permitfantur: sunt en im 
connaturalia signa amoris. Non licent vera oscula presm scepiusque repetita, 
neque diuturnce maiiuum constrictiones. Cf. S. Alph. 1. c. Lib. VL n. 854. 



BETROTHAL AND MARRIAGE 595 

many temptations and dangers of sin. Protracted engagements 
are seldom good; circumstances may supervene which make 
speedy marriage difficult or impossible; but if it can take place 
soon, the confessor must not easily consent to postponement 
from slight motives.^^^ The cause of the postponement should 
be inquired into, and all possible efforts be made to remove it. 
Every betrothed person can demand the fulfilment of the prom- 
ise of marriage (even in joro externo) and the other party is, 
sub gravi, bound to accede to this demand if he has no valid 
reason for refusal or postponement. As postponement of 
marriage generally means great moral dangers for the betrothed, 
it can only be justified by weighty motives. ^^^ If one of the 
parties intends to dissolve the engagement, the confessor should 
explain its binding nature. To break off an engagement out 
of levity, in momentary anger or on account of some sudden 
passion, is wrong, and dishonorable, even if the dissolution be 
valid. ^^^ To make engagements lightly and as lightly to break 
them is contrary to the sanctity of matrimony. 

(d) He should enjoin zealous prayer, frequent reception of 
the Sacraments, ^^^ and especially a general confession (which 
will be useful for all and necessary for many) ^^® and good works, 
that they may receive the Sacrament of Matrimony worthily, 
thus laying a solid foundation for a happy life. But it is not 
well to defer the confession till the last hours or minutes before 
the wedding, and the confessor should energetically dissuade 

5*2 Hence, engagements which are entered into without prospect of speedy 
marriage are much to be disapproved. See § 66, V. 

543 Cf. Bened. XIV, Instr. 46 ; S. Alph. 1. c. Lib. VI. n. 846. 

5"^* Concerning dissolution of betrothal, see S. Alph. 1. c. Lib. VI. Tract. 
VI. De matrim. Dab. IIF. quomodo dissolvantnr sponsalia, n. 855 ss. ; Aert- 
nys, Theol. Mor. Lib. VI. Tract. VIII. De Matrim. n. 433 ss. 
" 545 Cf. Trid. Sess. XXIV. cp. 1, de ref. mat. Kit. Rom. Tit. VII. cp. 1. 

546 a Optimum et ut plurimum etiam necessarium erit confessionis generalis con- 
silium, ut spnnsi lahes suas plenius ahluant et sanioribus instituantur principiis 
atque impedimenta occulta et defectum, qnihus non raro laborant, quosque alter i 
parti aperire tenentur, sincere deiegantar." — Instr. Eyst. p. 352. 



596 THE MINISTER OF THE SACRAMENT 

from this practice, which may cause him and those about to 
be married difficulties and embarrassment. In order to avoid 
this, and also to contribute to a better preparation, he should 
recommend confession (general confession) before or after the 
first publication of the banns, and then confession again imme- 
diately before the wedding. 

For if the confession is not made till shortly before the wed- 
ding, the following difficulties may arise: 1. The penitent may 
not he disposed or cannot he rendered disposed. The confessor 
will certainly do everything which zeal for souls and the light 
of grace suggest, in order to dispose the penitent for the worthy 
reception of absolution. But if the disposition remains doubt- 
ful, despite all his endeavors, he may absolve the penitent sub 
conditione, as the reception of the Sacrament of Matrimony is 
a sufficient reason for administering conditional absolution. ^^' 
If his efforts to dispose the penitent remain fruitless, — the 
bridegroom, perhaps, being bad and wishing only to make a show 
of receiving the holy Sacraments, influenced by his better dis- 
posed bride, or by relations; or because he will not satisfy 
some necessary condition, such as avoiding some immediate 
occasion, making restitution, giving up an enmity, — the con- 
fessor must refuse absolution. Of course, such a person may not 
receive holy communion, and the confessor must tell him so. 
As to the reception of the Sacrament of M&,trimony, there are 
two possible cases to consider: either he does not know that 
a state of grace is necessary for the lawful reception of this 
Sacrament, or he does know it. If he does not know it, and if 
the confessor is obliged to presume (knowing the penitent's 
frame of mind) that he would not respect his admonition con- 
cerning the unlawful reception of the Sacrament of Matrimony 
in a state of mortal sin, he must leave him in his state of igno- 
rance and bona fides, in order that he may not formally sin. If 

^' Compare § 8 ; Gury, Casus Conscientise, II. nn. 733, 394. 



BETROTHAL AND MARRIAGE 597 

the penitent does know that it is not allowed to receive the 
Sacrament of Matrimony in mortal sin, the confessor should lay 
before him in forcible terms the enormity of the sacrilege of 
which he will be guilty, in order, if possible, to bring him to a 
better disposition. And if this is of no avail, he should ad- 
monish him with suitable prudence, to make an act of perfect 
contrition before the marriage, and to come to confession as 
soon as possible after it.^^^ 

2. Another difficulty arises when the penitent confesses a 
reserved sin from which the confessor cannot absolve. As here 
gravis causa confitendi urget, we are face to face with a case 
which was discussed earlier in this work and solved by St. 
Alphonsus, namely, that any priest can indirectly absolve from 
sins reserved to the bishop, and also from those reserved to the 
Pope, si episcopus non possit adiri; even when the sin is reserved 
cum excommunicatione^^^ 

3. Finally, another difficulty may arise: the confessor may 
discover in the confessional an impedimentum matrim. occultum 
ex causa infamante exortum; the marriage for which all the prepa- 
rations have been made cannot be postponed without disgrace 
and great detriment to the parties, and dispensation from the 
impediment cannot be obtained. Here the following circum- 
stances have to be taken into consideration : (a) If both parties 
know the impediment, and have concealed it from a bad motive, 
they must, if possible, postpone their marriage till the dispensa- 
tion has been obtained. If they are not willing to do this, the 
confessor must refuse them absolution. But if they are not 
able to postpone the marriage on account of the great disgrace 
or scandal which would result, and if they are otherwise in good 
dispositions, he can give them absolution ; but he must instruct 

548 Scavini, 1. c. de Matrim. Disp. 4, Q. 3 ; Gury, Theol. Mor. IT. 640. 

549 Compare above, § 44. Absolution from reserved sins, S. Alph. 1. c. Lib. 
VI. nn. 584, 585 ; Aertnys, Theol. Mor. Lib. VL Tract. V. De Poenit. n. 245; 
Gury, 1. c. II. n. 575. 



598 THE MINISTER OF THE SACRAMENT 

them that they have to be married before the priest, on the 
supposition that the Pope will dispense, then to live merely 
as brother and sister till the dispensation has been obtained ; ^^^ 
after that they must repeat before him their consent to marry. 
He must tell them how this has to be done, make it as easy 
for them as possible, so as not to deter them. (5) If both par- 
ties are ignorant of the impediment, and are quite bona fide and 
if the confessor cannot assume that they wih live continently 
till the dispensation is procured, he should leave them in their 
ignorance, bona fide, and request a dispensation pro foro interno, 
then proceeding according to the rules for rendering valid an 
invalid marriage in foro interno; for it is better to let them com- 
mit material sins, than to furnish them with occasion for formal 
sins, (c) If only one of the two parties is aware of the obstacle, 
and, on account of the disgrace attaching to it, cannot reveal 
it to the other, a '^ communissima et probabilissima sententia'^ 
of the theologians teaches that the bishop can grant a dispensa- 
tion in this case,'^^^ and recourse must, therefore, be had to him. 
If the latter is not possible, the confessor (or parish priest) can, 
according to what St. Alphonsus calls the ''not unfounded" 
teaching of many theologians, declare "ex Epikeia^' that the 
lex impedimenti does not bind in this case, because it would be 
injurious. But the confessor must pro securitate et ad salvandam 
revercntiam legibus Ecclesice debitam, quantocius apply to the 
Roman Penitentiary, or to the Ordinary who possesses the quin- 
quennial faculties, in order to obtain a dispensation. But it 
is to be carefully observed that only a secret impediment, 
arising from a sin, is here in question ; for in the case of a public 

55'^ Or, as is the common custom in many places, not at once to set up house 
together, but to wait till the dispensation has been granted. 

551 Prouti in aliis Legihus, quando aditus ad Papam est impossihilis et periculum 
in mora (cf. Bened. XIV, De. Syn. Lib. IV. cp. 2, nn. 2, 3) ; indeed according 
to the probable opinion of some theologians, the bishop can delegate this 
power, as a potestas ordinnrin, to others, edam f/eneraliter pro omnibus casibus 
occurrentibus. S. Alph. Theol. Mor. Lib. VI. n. 613 ; Prax. Conf . n. 8. 



BETROTHAL AND MARRIAGE 599 

impediment arising from no dishonorable cause, there is neither 
scandal nor disgrace, but only the inconvenience of postponing 
the marriage. ^^^ It depends entirely upon circumstances, since 
it is the duty of the pastor to instruct those about to marry, 
whether the confessor should give special suggestions and 
admonition in this last confession on the usus matrimonii, ^^^ 
explaining what is allowed to married people, and what is 
forbidden.^^* He may speak to them of the intention which, as 

552 Cf. S. Alph. 1. c. and H. A. n. 114; Scavini, 1. c. ; Gury, 1. c. II. 771 ; 
Cas. Consc. II. n. 1045 ; Aertnys, Theol. Mor. 1. c. n. 273. 

553 Benger holds that confession affords the most suitable occasion for giv- 
ing the necessary instruction concerning the sacredness of the matrimonial 
duties. Dubois (1. c.) urges that persons about to be married should be well 
instructed in what concerns that state, in order that they may never do any- 
thing which is against their conscience, or concerning which they are in doubt, 
and that they should obtain advice from pious and judicious people, or from 
their confessor: Aertnys (Theol. Mor. 1. c. n. 515) speaks of an ojficium 
parochi et confessarii, to instruct married people concerning licita et iliicita in 
matrinionio. The confessions of married people and the questions which 
they put to the confessor, may afford reason and occasion for instructing 
them concerning the dehitum conjugale. The confessor must, therefore, be 
prepared for this; he should also be able to impart necessary information in 
a becoming manner; and it requires judgment and skill so to instruct in this 
difficult matter as to convey the information without giving offense or say- 
ing more than is necessary. We append the wise remark of Cardinal 
Gousset (Moral Theology, 11. n. 897). . . . Sacerdos, qui, ut ait Apostolus, 
debet exemplum esse fdelium in castitate, tacehit, etiam in sacro trihunali, de modo 
utendi matrimonio, seu de circumstantiis ad actum conjugalem spectantihus, nisi 
fortefuerit interrogatus. Explicare fusius, quae licita sunt conjugihus aut illic ta, 
ipsis aeque ac confessariis periculosum foret. Cf. S. Alph. Prax. Conf. n. 41. 

554 Everything is allowed which is necessary, or conducive, to the further- 
ance and attainment of the object of matrimony. The chief object of mat- 
rimony is the procreatio prolis ; the secondary object remedium concupiscentice, 
and mutuum adjutorium et solatium in vitce societate. All that is necessary, 
and conducive, to the attainment of the principal object, or which serves 
these secondary objects, having regard for the first, is allowed ; whatever 
frustrates the principal object is mortally sinful, whatever goes beyond this 
principal object, without counteracting it, is venial sin. For further partic- 
ulars upon this subject, the confessor should consult the compendiunis of 
moral theology; for example, Aertnys, De Matrim. P. IV. cp. 2, n. 479 ss. ; 
Lehmkuhl, 1. c. De Matrim. Sect. IV. n. 834 ss. 



600 THE MINISTER OF THE SACRAMENT 

Christians, they should have in this state; of matrimonial 
harmony and mutual love and fidelity. If the confessor deems 
it necessary, or advisable and beneficial, he will not fail in his 
zeal for souls to instruct his penitents concerning this matter, 
and to admonish them to lead a truly Christian family life, 
where sin and vice are carefully avoided, whilst God is being 
faithfully served. If matrimony is based upon this founda- 
tion, the husband and wife may confidently expect God's abun- 
dant graces: if they depart from these principles, they will 
deprive themselves of this blessing.^^^ 

78. The Confessor's Attitude toward Mixed Marriages. 

The confessor will often have occasion to speak to penitents 
concerning mixed marriages, because they either wish to con- 
tract such a marriage, or have already done so. The following 
principles will serve him in this equally important and difficult 
matter. 

I. Even if the essence of marriage is not destroyed by the 
obstacle of mixed religion, as in disparitas cultus, it falls short 
of the ideal. For marriage should not only represent the unity 
of the Church; it should, as much as is possible, produce this 
unity; now the Church is, in a special manner, one through its 
faith. Conscious of this, and in view of the many great disad- 
vantages which accrue from mixed marriages, the Church has 
always energetically protested against them. She has always 
taught that such a marriage is a reprehensible communicatio 
in sacris, that there is danger to the Catholic party of falling 
away from religion or of becoming indifferent to it, and that a 
proper education in the Catholic faith of children born from 
such marriage, if not exactly impossible, is certainly rendered 
very difficult, as the necessary cooperation is wanting, and 

^^5 Cf . S. Alph. Praxis Conf. n. 94; Aertiiys, Instr. pract. 1. c. ii. lo7; 
Frassinetti, Practical Instruction for Young Confessors (Lucerne, 1874), 2, 
Pt. G Chap. §§ 4, 5 ; Dubois, The Practical Confessor, 2 Pt. 19 chap. n. 402, etc. 



ATTITUDE TOWARD MIXED MABRIAGES 601 

opposition easily made by word and example.^^^ In 1858 the 
Apostolic See anew admonished the bishops to deter the faithful 
from such mixed marriages. 

Only by three conditions will the dangers of mixed marriages 
be, if not removed, at least reduced ; and only under these three 
conditions does the Church, prcesertim oh privatas causas, permit 
mixed marriages. These conditions are: (1) Both parties, 
especially the non-Catholic, must promise, ordinarily in writing 
and before witnesses, to bring up all their children in the 
Catholic religion (without distinction of sex). (2) The non- 
Catholic party must promise solemnly not to hinder in any way 
the Catholic party in the practice of his (or her) religion. 
(3) The Catholic must use every lawful means to effect the con- 
version of the heretical partner.^" 

From these three conditions the Church cannot recede,^^^ for, 
as not only the ecclesiastical, but also the natural and the 
divine law, absolutely forbid that anybody expose himself or 
his offspring to the danger of perversion, it naturally results 
that these sureties should be prescribed and demanded, in order 
that together with the canonical precepts, the natural and divine 

S56 Benedict XIV, Decl. 4 Nov., 1741 ; Pius VII, Bull 27 Feb., 1809 ; Greg- 
ory XVI, Ericycl. 27 May, 1832, to the archbishops and bishops of Bavaria. 
Finally, Leo XIII, Circular 10 Feb., 1880 declares : " A warning voice must 
also be raised against marriage lightly contracted with a person of another 
faith ; for where the souls are disunited in religion, union in other matters is 
scarcely to be expected. It is clear that such marriages must be particulaily 
shunned, for the reason that they give occasion for unlawful communication 
and participation in religious exercises, that they are a source of danger for 
the religion of the Catholic party, an obstacle to the good education of the 
children and not infrequently a temptation to hold all religions equally 
justified, denying all difference between true and false." Even Protestant 
divines and authorities have frequently expressed themselves decidedly 
against mixed marriages, and earnestly warned people against them. 

55" Ex facultat. a Pio. IX. datis. See Bangen, De Sponsalibus et de Mat- 
rimonio, II. p. 161. 

558 Brief of Pius VIII, 25 March, 1830. Instruction of Pius IX, 15 Nov., 
1858. 



602 THE MINISTER OF THE SACRAMENT 

law may not be criminally transgressed. ^^^ When these condi- 
tions are satisfied, and officially guaranteed ^^^ by a contract, 
dispensation from the wipedimentum mixtce religionis may then 
be requested from the bishop, and given by him in virtue of the 
usual faculties conferred upon him. 

II. By these regulations of the Church, his modus procedendi 
in the matter of a mixed marriage is mapped out for the priest 
or the confessor. 

1. If the confessor receives information of an intended mixed 
marriage, he should emphatically dissuade from it, but with 
pastoral prudence, and without offensive words. 

2. If his endeavors are of no avail, and if he cannot prevent 
the marriage, he must persuade the penitent to fulfill the stipu- 
lated conditions. 

3. If the penitent agrees to this, the confessor will do well not 
to administer absolution at once unless there is some special 
reason for so doing (for example, the fulfilment of a command- 
ment of the Church, necessity of communicating, to prevent 
gossip, etc.), but let him urge that the consent of the non-Catholic 
party to the three conditions should first be obtained. 

4. When this consent is obtained, there is no obstacle to the 
absolution of the penitent. 

^^9 Lehmkuhl, 1. c. n. 715, justifies the dispensation of the Church, under 
the conditions laid down, upon the following grounds : 1. Propter magnum 
bonurn publicum, such mixed marriages maybe allowed even when there is 
some risk, only the Catholic party must have the firm intention not to yield 
to this danger (cf. Lugo, De sacr. in gen. Disp. 8, sect, ult., et De Fide Disp. 
32, n. 33). 2. But when on account of circumstances those dangers disap- 
pear, or become slight, a magnum bonum privatum, such as the hope of leading 
the non -Catholic party to the true faith, can also make such a marriage per- 
missible. 3. When they cannot be entirely removed, but yet are not really 
grave ; or, on the other hand, when a bonum, though no very great bonum, is 
to be hoped for from the mixed marriage, it may happen that contracting 
such a marriage is not a grave sin against the natural law, but a venial sin. 

660 -ji-^e Koman Congregation demands joac/a notoria, de quibiis spes est ser- 
vari, that is, a documentary declaration made before the parish priest, or a 
legal contract at the hand of a notary. 



ATTITUDE TOWABD MIXED MARRIAGES 603 

5. But if the penitent will not consent to the fulfilment of 
the three conditions, but still intends to contract the mixed 
marriage, he purposes to commit a grave sin, and cannot be 
absolved. For he who, without obtaining a dispensation from 
the impedimentum mixtce religionis, contracts a mixed marriage 
before a non-Catholic minister, is guilty of three grave sins : 
he disobeys the Church; he endangers the salvation of the 
children which God may give him; he is hcereseos fautor, guilty 
of a communicatio in sacris, and incurs ecclesiastical censure.^®* 

III. Concerning the reconciliation of those persons who, in 
disobedience to their Church, have contracted a mixed mar- 
riage before a non-Catholic minister, the confessor must be 
guided by the following principles : — 

1. It is certain that a Catholic having contracted marriage 
before a Protestant clergyman cannot be absolved as long as 
he remains unwilling to make good the above-mentioned con- 
ditions. Even if the refusal of absolution does not produce its 
immediate effect (the fire of passion obscuring the light of 
conscience), it, nevertheless, instills salutary fear. But it would 
be very wrong on the part of the confessor to wound such a 
penitent by harshness and reproaches. The confessor (parish 
priest) must take all pains to bring such penitents to a con- 
sciousness of their error. ^^^ 

2. But if the penitent truly repents of his error, and if he is 
ready to make good the scandal given, and to take immediate 
steps towards bringing up his children as Catholics, he is worthy 
of absolution and it may not be refused to him. 

561 Cf . Instructio. S. Congregat. Inqaisit. 17 Febr., 1864 ; Decret. S. Congr. 
Inq. 29 Aug., 1888. 

5®2 Si quando connuhium sine cautionibus necessariis initum fuerit, non propterea 
(parochi) conjugem catholicam negligant, sibique ac suo peccato relinquant, sed 
studeant earn ad pcenitentiam adducere, ut suce ohligationi quoad catholicam edu- 
cationem prolis, quantum potest, safisfaciat : quod quamdiu non prcestiterit aut 
saltem sincere promiserit, sacramentis suscipiendis uhque imparatus censeri debet. 
(S. Congreg. Officii 29 Jul., 18S0 ad Cardin. Primatum el Archiep. Strigon.') 



604 THE MINISTER OF THE SACRAMENT 

3. It is, above all, necessary to find out if the marriage was 
valid according to the Decree Tametsi. If the marriage has 
been invalidly contracted, a dispensation from the impedimen- 
turn mixtce religionis and from the banns is to be sought; and 
when this is obtained, according to the regulations of the 
Church, the consent is to be renewed. If this renewal of con- 
sent cannot be effected, sanatio in radice must be requested.^^^ 
If the marriage is valid, dispensation is not necessary. 

4. Moreover, the facultas ahsolvendi a censuris propter hceresim 
must be obtained. For the censure reserved speciali modo to 
the Pope is, according to an explicit decision of Rome, incurred 
in all cases by those qui matrimonium coram ministro hceretico 
ineunt; even when the existence of censure was not known to 
the parties, because it is a question of the forum externum, and 
the contract of marriage is, of its nature, an external act. By 
virtue, however, of the quinquennial faculties, the bishop can 
absolve from this censure, or confer this power suhdelegando 
upon others. The confessor must, therefore, refer the penitent 
to the parish priest, in order that the latter may procure from 
the bishop the facultas ahsolvendi a censuris pro foro externo. 
Not till then can the confessor give sacramental absolution. 

Only when, from special reasons, determined by the circum- 
stances, an absolutio in foro externo would not be advisable, 
may the confessor apply for the facultas ahsolvendi a censuris 
pro foro interno, and administer this absolution after he has 
obtained the faculty. We add that absolution from the censure 
in foro externo can take place without witnesses, and that it is 
not necessary to make use of definite words at the absolution 
in utroque foro, but it is always necessary to declare that the 
absolution is administered by virtue of special powers from the 
Holy See, subdelegated by the bishop. 

Married people who were allowed to receive the Sacraments 

563 Cf. Aertnys, Theol. Mor. Lib. VI. ni). 637, 654, 664. 



ATTITUDE TOW ABB MIXED MARRIAGES 605 

before the promulgation of the answer of the Holy Office, 18 
May, 1892, requiring the absolutio a censuris pro foro externo, 
are not to be disturbed. 

5. The confessor should also help a penitent of this kind to 
keep his resolution of bringing up his children as Catholics, by 
showing him what steps he must take. He should encourage 
him to overcome possible difficulties which may occur. This 
w^ill be easier for the Catholic father than the mother. If the 
children have reached an age when they are removed from 
parental authority, the Catholic party must at least promise 
to exert its influence by prayer, exhortation and good example, 
to gain the children for the Catholic Church. ^^* 

Of course the confessor must demand that the penitent should 
inform his parish priest of his resolution to bring up the chil- 
dren in the Catholic faith. Only very weighty grounds should 
induce the confessor to refrain from exacting this, and then he 
would be obliged to apply to his Ordinary for advice. 

6. It may also be the case that a woman repents of the step 
which she took, but which she cannot now retrace, not being 
able, in spite of her good will, to induce her husband to eonsent 
to the Catholic education of the children. It would be hard, 
in such a case, to leave her unassisted. The repentance which 
she has evidenced, the willingness which she has shown (and 
which will continue) to repair as far as possible the harm done; 
the efforts which she may have already made; the promise to 

^6* Cf. Bangen, Instructio practica, Tit. 4, p. 29. '■'■Si pater est catholicus, 
sane liberorum educatio in ipsius potestate est: Ergo quod potest facere debet; 
promittens coram testihus vel jurato vel Jurarnenti loco, se prolem educaturum. in 
cathoUca religione : sed id de facto efiam prcesfare tenetur. Excipe tamen, si 
proles Jam in ea cetate sit, ut a patre jam non dependeat ; tunc enim sujfficit, ut 
vere sit attritus atque in huj'us doloris sif/num id quod pro viribus efficere possit, 
peragere sit paratus. Si mater est catholica, distinguendum videtur. Aut ad- 
ducere potest virum, ut in catholicam produm educationem consentiat ; et tunc 
ambo conjuges formaliter expositas cautiones emittant coram parocho ; aut virum 
ad hoc movere nequit ; turn attendatur, an indubitata ediderit contritionis signa 
idque prcestare pro liberorum educatione sit parata, quod in ipsius viribus est." 



606 THE MINISTEB OF THE SACRAMENT 

influence husband and children by the means at her disposal 
— prayer, a good life, words of advice — suffice for her to be 
admitted to the Sacraments. This satisfies the demands which 
the Holy Office in Rome makes in such cases.^^^ 

7. If the confessor beheves that there is reason for doubting 
the sincere and earnest will of penitents who are joined by an 
illicit mixed marriage, he is free to make inquiry, and, accord- 
ing to the nature of the case, to postpone absolution for a time. 
It is always well not to admit such penitents to the holy Sac- 
raments shortly after contracting the illicit marriage, unless 
they have guaranteed the Catholic education of their children 
in a manner which satisfies the ecclesiastical regulations ; unless, 
moreover, they show sorrow for their lapse from duty, and by 
faithful performance of their religious obligations, effectually 
prove that they wish to be obedient to the Catholic Church in 
future. Persons who are dangerously ill, emigrants, etc., of 
course, constitute exceptions to this rule. 

8. An ilHcit marriage contracted by a Catholic before a non- 
Cathohc minister is a pubHc act and causes public scandal; 
the satisfaction must, therefore, as a rule, be made publicly. 
The confessor must not overlook this, lest he make himself an 
accompHce in the scandal, and lest this dreadful evil of our days 
(for such mixed marriages are in reality, especially when con- 
tracted without dispense) be rendered more numerous, by want 
of due severity in the conditions of reconcihation. As pubHc acts 
of reparation may be regarded : an oral or written declaration 
of sorrow before the parish priest; the promise of bringing up 
their children as Catholics made to the pastor. The confessor 
should follow the directions which may have been given by his 
bishop in this matter, and if there are none, he must proceed 
with pastoral prudence and charity. It may happen that, in 
the place where the Sacraments are to be received, the scandal 

665 See above, p. 603, Repiark 2. 



PENITENTS JOINED IN CIVIL MARRIAGE 607 

given is not known, the parties having changed their place of 
residence. In this case the reconcihation may take place in all 
privacy. The confessor should not forget in such cases that 
the salvation of souls is the highest law. 

79. How to deal with Penitents joined in '* Civil " Marriage 

only. 

The confessor's treatment of penitents living in ''civiV^ mat- 
rimony must be essentially different from the above. 

Here the chief question is whether there is a real consensus 
maritalis; that is, whether the persons in question had the 
consciousness and intention of entering upon a true matrimo- 
nial relationship by the declaration which they made before the 
pubhc official, or if they beheved they were concluding an ex- 
ternal agreement only and one not permanently binding upon 
the conscience. In the second place, the confessor must inves- 
tigate if there are any — and what — impediments to mar- 
riage. If there are no diriment impediments, and if there was 
a true consensus maritalis in those places where the Tridentine 
Decree ''Tametsi'' is not in force (therefore, where the impedi- 
mentum clandestinitatis does not apply), such informal contract 
of marriage must be regarded as valid. On the other hand, 
these informal marriages are ecclesiastically invalid in all places 
where the Tridentine Decree is in force, on account of the "im- 
pedimentum clandestinitatis J ^ The confessor must, however, in 
every individual case have recourse to the Ordinary. 

Apart from this question of validity, all persons living in mere 
'^ civil" matrimony must be exhorted (if no obstacle from which 
there is no dispensation be in the way) to be married in forma 
Tridentina, and to receive the blessing of the Church. If diffi- 
culties arise in connection with this, the confessor should apply 
to the bishop, in order to obtain sanatio in radice, according to 
the circumstances. 

A penitent living in ^^ civil" marriage is not to be absolved 



608 THE MINISTER OF THE SACRAMENT 

till he has promised to be married in the Church and has actually 
made preparation for this marriage. Under particular circum- 
stances — if the persons live apart — absolution can be given, 
even if the ceremony is postponed. Admission to holy com- 
munion must be deferred till immediately before the marriage. 

80. The Confessor's Conduct towards Women. 

Occasion has already several times ^^^ presented itself for re- 
marks concerning the confessor's conduct when hearing the 
confessions of women. The importance of the subject demands 
for it special treatment. Amongst penitents women probably 
form nearly always the majority. However regrettable it may 
be that men so seldom, and often reluctantly, approach the tri- 
bunal of confession, it is a source of joy that women should be 
zealous in the reception of the holy Sacraments, for this justifies 
the hope that their influence upon their husbands and upon those 
around them will be the more salutary. The influence which a 
truly Christian woman exercises upon her husband, a mother upon 
her children, the mistress of a house upon her subordinates, is 
very great. Truly Christian, pious, and chaste young women 
are a real blessing in a family and a household. Moreover, 
woman is generally more inclined to the exercise of Christian 
piety, and can thus, if properly treated and guided, attain to 
great perfection. 

Nevertheless, it is not to be overlooked that, oAving to cer- 
tain weaknesses and faults which are peculiar to their sex, the 
hopes of the confessor are not infrequently disappointed and his 
endeavors rendered fruitless. ^' Their piety may easily become 
a matter of feeling, without solidity and worth ; they are much 
inclined to form an inordinate attachment for the confessor, 
which is perhaps not free from a sensual element. The practice 

^^^ Compare chiefly § 71 and § 49. 



THE confessor's CONDUCT TOWARDS WOMEN 609 

of piety also easily serves as a means of gratifying vanity. 
Many are disposed to dissimulation and hypocrisy." ^" 

Hearing the confessions of women is thus indisputably one 
of the greatest and most imminent dangers for the confessor. 
He must, therefore, be very circumspect and prudent, reason- 
ably fear this danger, for in this fear hes his safety; ^'he who 
fears this rock runs no danger of suffering shipwreck." ^^^ These 
shortcomings ought not to mislead us into condemning the whole 
sex, as is sometimes wrongly done. This is unjust. We must 
help them to overcome their faults, and if no improvement 
results from our endeavors, suitable severity is to be employed. 

Bearing in mind the exhortation (Eccl. Ixi. 15) : "Curam hahe 
de bono nomine, ^^ the circumspect and prudent confessor will 
have regard for his good name, and seek to preserve and guard it ; 
not only remaining pure of heart, but preserving himself free 
from every suspicion of impurity, herein faithfully following 
the example of Our Lord, who patiently bore many an accusa- 
tion leveled against Him, but never tolerated any on the sub- 
ject of purity. For nothing detracts so much from a priest's 
authority and efficiency as the suspicion that he is not abso- 
lutely clean of heart. Let the confessor, therefore, place a 
guard upon his eyes, let him never look at those who stand be- 

^^■^ " Sed est aliud feminarum ingenium, quod considerationem nostram mere- 
tur, nimirum, cum factce fuerlnt propter virum, Uhenter hujus socieiate gaudent 
et ea animi propensio, qua se in virum ferr'i sentiunt, et vice versa, laqueus est 
non minus suce, quam Confessarii saluti periculosus. Tdeo necesse est, ut Con- 
fessariis monita demus et prcecautiones indicemus, quihus pericula evitent in fre- 
quentibus et prolixis mulierum confessionlbus lalentia. Verum enimvero adhcesio 
mulieris personce Confessarii tantum est malum, ut morte ijisa diligentius est evi- 
tandum." Aertnys, Instruct, practica, P. III. cp. IT. art. 3, n. 139. MuUer 
sensihdi affectu magis succenditur et instinciu cordis magis quam rationis usu 
sese dirlgit . . . uti debilior astutid finem intentum assequitur . . . si cui passioni 
se dedit, magis insanit, . . . tempore menstruorum et prcegnationis mulieres obnoxice 
sunt variis motibus passionum, puta morositafis, iracundice, anxietatis, et. . . . 
Horum consideratio Juvabit sane Confessarhun in directione mulierum. Aert- 
nys, 1. c. 

568 Frassinetti, Pract. Tnstr. 1. c. § 5, p. 280. 



610 THE MINISTER OF THE SACRAMENT 

fore his confessional, and never glance at the face of the person 
whose confession he hears; he should not try to find out who 
his female penitents are ; it is sufficient for him to know the state 
of their souls. He should carefully avoid, as far as it is pos- 
sible, all intercourse with them outside the confessional, not 
visiting them in their houses, except at times of severe illness; 
he should refuse munuscula under whatever name they may be 
offered to him; he should confide no secrets to them, and avoid 
famiharity?^^ His words should be reserved, serious, respectful, 
even if the penitent's station and circumstances do not actually 
command respect. When the priest hears the confessions of 
young women, and such as are distinguished by station, beauty, 
education, etc., he must still more carefully avoid familiarity. 
Concerning delicate matters the confessor should put only few 
questions, and then only with the greatest prudence, and con- 
tent himself with knowing the nature of the sin, or its kind; 
he should carefully guard against inquiring after superfluous 
details."' 

The confessor must not lose sight of the dictates of prudence 
which have been discussed, when he hears the confessions of 
"personce spiritualesy Here, as St. Alphonsus warns us,^^^ 
prudence is most necessary, on account of the periculum majoris 
adhcesionis. His teaching on this point is as follows: "Dicehat 
Ven. P. SertoriMs Capotus, diaholum ad conjungendas inter se 
personas spirituales, ah initio uti prcetextu virtutis, ut deinde affec- 
tus a virtute transeat ad personam/^ and justifies this statement 

569 Cf . S. Alph. Prax. Conf. n. 119. 

5"^° Even those theologians who teach that the aggravating circumstances 
must also be stated in confession, admit, in puncto VI prcecepd, especially in 
the confessions of women, an exception. " Heedless questioners ! have care for 
yourselves, have care for weak souls, respect the holy Sacrament," exclaims 
Frassinetti ; and the Angel of the Schools vsays, '•'■ Potius esfi.^ contaminalores 
quam coiifessores." Cf. Gousset, Moral Theol. for the use of parish priests 
and confessors, IT. n. 4*21:; Oury, 1. c. n. 1261. 

^■^1 Praxis Confess, n. 119. 



THE confessor's CONDUCT TOWARDS WOMEN 611 

by a word of St. Augustine, which St. Thomas quotes (Opusc. 
64 de Famil. Dom. etc.) : '^Speech with these persons must be 
short and reserved ; it is not because they are more holy that one 
must be more on his guard, but because the hoHer they are, the 
more attractive they become." And St. Thomas adds to these 
significant words of the holy Bishop of Hippo: "Licet carnalis 
affectio sit omnibus periculosa ipsis tamen magis perniciosa, quando 
conversantur cum persona, quce spiritualis videtur; nam quamvis 
principium videatur purum, tamen frequens familiaritas domes- 
ticum est periculum; quce quidem familiaritas quxinto plus crescit, 
infirmatur principale motivum et puritas maculatur^ He also 
adds that such persons do not observe this at once, quoniam 
diabolus ah initio non emittit sagittas venenatas, sed illas tantum- 
modo, quce aliquantulum feriunt et augent affectum. Sed hrevi 
hujusmodi personce eo deveniunt, ut non amplius agant secum 
tanquxim angeli, quemadmodum coeperant, sed tanquam came 
vestiti; vicissim se intuentur mentesque sihi feriunt blandis allo- 
cutionihus, quce adhuc a prima devotione videntur procedere: hinc 
alter alterius prcesentiam incipit appetere; sicque spirituxilis de- 
votio convertitur in carnalem. Et quidem oh quot sacerdotes, qui 
antea erant innocentes oh similes adhcesiones, quce spiritu ccEpe- 
rant, Deum simul et spiritum perdiderunt.^''^ 

In order to act with the necessary prudence, the confessor 
will (1) hear the confessions of women, as far as possible, only 
in the Church, or in some place which is always accessible for 
hearing confessions; (2) he will dispatch matters, especially 
with those who often confess; will not tolerate talk about sub- 
jects which do not belong to the confession, and will carefully 
avoid long exhortations and unnecessary questions. 

The confessor must observe all this, and take all precautionary 

^"•^ Cf. Gaume, Handbook for Confessors, Third Chapter, nn. 156-159 ; 
Aertnys, Instr. pract. 1. c. n. 141 ; Ricardi, Dei doveri et dello spirito degli 
eccles. 15 a 15 in Le Noir; S. Alph. Praxis Confess. 1. c. ; Zenner, Instructio 
practica Confessor. P. I[. Sect. IL. cp. 2, §§ 270, 271. 



612 THE MINISTER OF THE SACRAMENT 

measures, — if he is young, because it is then particularly neces- 
sary, but also in more advanced years, and even in old age, in 
order to give others good example, and also because experience 
shows that even for those who are mature and old, the danger 
exists, though it be lessened. ^^If the confessor follows these 
precepts, he realizes in himself a miracle, which is one of the 
most beautiful proofs of the truth of the CathoHc religion; the 
miracle, namely, that priests who preserve their hearts in 
the holy fear of God, hear the confessions of women for years 
without ever having to accuse themselves that their holy office 
has been for them an occasion of sin, even of one single sin." ^^^ 
If the penitents are married women, let the confessor encour- 
age and instruct them in the complete fulfilment of their duties 
towards their husbands, above all, their duty of matrimonial 
love, giving a good example, bearing faults with patience, and 
not ceasing, though their husbands have gone astray, to use 

573 Frassinetti, 1. c. p. 283. We will not leave unnoticed two special dan- 
gers to which Aertnys calls attention: (1) Siquando Confessarlus, junior 
prcesertim adcertat pcenitentem aliquam carnali amove sihi adhcerere mperis ver- 
bis earn retundat, et si hoc non sujfficiat ad aliurn Confessarium remittal, id que turn 
prcecipue faciendum est, cum et Confessarius sensualem affectum in se sentit; 
alioquin incautus Confessarius seipsum et poenitentem magna periculo exponet. 
(2) He then reminds confessors that the devil especially likes to direct his 
efforts against priests, as, at one blow, he ruins not only one, but many 
other soiils if he succeeds in corrupting a priest. Tnde nonnunquam contin- 
git, ut procaces femince consilium ceperint insidias parandi virluti alicujus Sacer- 
dotis, simulando conversionem, infirmitatem, aut quid aliud excogitando, ut 
paulatim ad seductionem devenirent. Evenit quoque, ut snlax puella prolixam 
seriem ohsccenitatum in Confessione enarret et inverecunde describat, eo anhiio, ut 
turpes commotiones in Confessario suscitet. Confessarius debere ejusmodi ser- 
pentes a se repellere, res ipsa monet. And Berardi (Praxis Confess, n. 1099) 
adds : " Cavendum quoque est ah illis puellis, quce ex curiositate malitiosa. cupiunt 
interrogari a Confessariis, ut addiscant ea quce adhuc ignorant et in liunc finem 
semper affirmative resj)ondent. Sunt etiam alice adhuc magis malitiosce, quce, sive 
ex Ubidine, sive ut postea in conversationibus rideant de Confessario, non solum 
ad quaslibet interrogationes affirmative respondent, sed etiam ruborem fngunt et 
enixe petunt, ut interrogentur. Ab his scopulis interdum difficile est cavere; sed 
utile erit, quod Confessarii jmiiores sciant, quousque malitia femince pertingere 
possit." Cf. Eccle. 25, 26. 



THE CONFESSOlC 3 CONDUCT TOTVARDS WOMEN 613 

every endeavor to reform them, especially by praying for them 
with indefatigable zeal. How many wives have saved their 
husbands by their patience, their loving, prudent exhortations, 
and their prayers. 

If circumstances appear to call for it, let him admonish them 
to preserve matrimonial chastity, and warn against transgres- 
sions, pointing out that complete preservation of this matrimo- 
nial chastity is the very condition and foundation of lasting 
matrimonial happiness, and of eternal salvation. 

He should not permit pious women to devote themselves to 
the exercises of piety, especially hearing Mass and frequent re- 
ception of the holy Sacraments, to such an extent that impor- 
tant household duties are thereby neglected, or members of the 
family aggrieved and irritated. 

Finally, he must not be overready to believe complaints of 
wives about their husbands ; but if he finds that the complaints 
are justified, he will tell the woman how to act and gravely com- 
fort her. If she complains of the severity and bad temper of 
her husband, he must advise her to remain patient and obedient 
to him, to perform punctually every service which he desires, 
to show her love for him by the greatest willingness and kind- 
ness; to be silent when her husband is angry or intoxicated; 
not to drive him to still greater violence even when she suffers 
injustice; and admonish him affectionately when he has become 
calm, and sober, and good-humored, but not till then. She 
should answer her angry husband with meekness when she is 
obliged to answer him, for a gentle answer turns aside wrath, 
whereas a harsh one only embitters. 

The mother will claim the confessor's special zeal; he should 
expose to her the importance and responsibility of her duties, 
the obhgation of admonishing and instructing her children in 
prayer, in attendance at Mass, reception of the holy Sacraments, 
and of correcting their faults; of warning and protecting her 
children against the dangers which threaten youth, of daily 



614 THE MINISTER OF THE SACBAMENT 

praying for them, of preventing dangerous intercourse with 
other persons, of not allowing children of different sex to sleep 
together, etc. 

As so much depends upon the loyalty of teachers, male and 
female, to their duties the confessor will not fail to admonish 
them at all times to discharge faithfully these important and 
exalted duties, reminding them of their grave responsibihty. 
Teachers should zealously instruct children in the truths of re- 
ligion, always assisting the endeavors of the priest according 
to their capacity, and working with him ; see that the education 
of the children is conducted upon Christian principles ; give the 
children and the parish good example by conscientious dis- 
charge of their rehgious duties — attendance at Mass, reception 
of the holy Sacraments, and by their conduct in general. They 
must be encouraged to bear patiently the manifold, and by no 
means slight, hardships of their position. The confessor will 
also show constant interest in their work in the school. 

The mistress of a house must be reminded by the confessor 
of the duties of Christian employers — the duty especially of 
having a watchful eye on the servants, not allowing them to 
go out late in the evening; of preventing male and female ser- 
vants being together at unseasonable times ; of treating servants 
in a Christian manner, and of giving them sufficient time to 
fulfill their rehgious obhgations. 

81. The Confessions of Men. 

It is a deplorable fact that men approach the confessional 
more seldom than women, and especially since their position 
in life is more influential, and consequently a high degree of 
piety is particularly desirable in them, in order that this influ- 
ence may be a salutary one. At the same time, they are ex- 
posed to greater dangers and temptations."^ 

^"^ Oil this account the Provincial Council of Bordeaux (Cone. Burdigal. 
1556, Tit. III. c. 5, in Coll. Lacens. Tom. TV. p. 711) declares that, in our 



THE CONFESSIONS OF MEN 615 

1. Men must, therefore, be more welcome to the confessor as 
penitents than women. St. Alphonsus bewails the fact that so 
many confessors spend a good part of the day in hearing the 
confessions of certain pious persons {quas vulgo dicunt Bizocas), 
and that when men or married w^omen, who are weighed down 
with misery and distress, and who at a great sacrifice leave their 
homes and business, approach the confessional, the priest dis- 
misses them, saying: ''Go to some other confessor, I have too 
much to do"; and thus it comes to pass that such people live 
months and j^ears without the Sacraments. This is not hearing 
confessions to please God, but rather to serve self-love. I know, 
and, in opposition to others who maintain that the time is wasted 
which is devoted to the confessions of these pious persons, I 
firmly hold that leading souls to perfection is a work very pleas- 
ing to God; but I assert also that good confessors who hear 
confessions only to please God (like St. Philip Neri, St. John of 
the Cross, and St. Peter of Alcantara) do not hesitate to prefer 
to these pious souls one whom they perceive to be in need of 
their lielp."^ What St. Alphonsus says in another place is also 
undoubtedly true, namely, that a perfect soul is more pleasing 
to God than a thousand imperfect ones ; but for them there are 
other times and other occasions, and even leading souls to per- 
fection does not demand such expenditure of time and care that 

times especially, solicitude for men constitutes a principal part of the 
priest's work. " Sane hoc cevi nostri opus prcecipuum reputamus, vivos videlicet 
quam solertissima industria et quovis indefesso zelo provocare, ut ad meliorem 
vitce christiance rationem instituendam, ad exequenda integrius cujusque status et 
conditionis qfficia, tandem se recipiant. Nan saperet sacerdos, qui lahoris diffi- 
cultatibus solummodo intenfus, de divinis promissionibus et virtute gratice diffidens, 
hoc opufi nggrederetur segniter aut minus strenue prosequeretur.'' This care for 
men the priest will especially exercise in the confessional. '• The divine 
authority with which the priest is invested, the reverence with which the 
penitent appears before him, the candor with which he unbosoms himself, 
the obedience which he shows him, give an efficacy to the confessor's work in 
the confessional, such as he is unable to exercise in any other place or occasion." 
Gopfert. 

^'° Praxis Confess, n. 120. 



616 TRE MINISTER OF THE SACRAMENT 

others should be neglected. Moreover, such a manner of ad- 
ministering the Sacrament of Penance may easily give occasion 
to malevolent misconstructions and rumors, and thus scandal- 
ize the men who see themselves neglected."® Hence men who 
come to confession must not be kept waiting long. The con- 
fessor should show himself ready to answer any call, even when 
the hour is unseasonable and troublesome to him. If there are 
both men and women who wish to confess, Frassinetti "^ recom- 
mends hearing the men first; they generally have more impor- 
tant business than women, and are also as a rule more impatient. 
Women have more leisure and greater patience. 

2. The confessor must always treat men courteously, ^'in- 
deed with a certain affability, as if he considered himself par- 
ticularly fortunate, and took a special pleasure in hearing their 
confessions." Even if they belong to the lowest classes and are 
coarse and repulsive, he should always address them with polite- 
ness and kindness. ^'One can never show them too much love 
and friendliness, for it makes the best impression upon their 
minds, encourages them to make a good confession, and in course 
of time incites them to a more frequent reception of the Sac- 
raments." "^ 

3. The confessor must not speak of perfection to those who 
have no understanding for it. He must generally be content 



576 Cf. Gopfert, 1. c. p. 283. 

577 L. c. p. 278, n. 397 ; also Dubois, 1. c. n. 368, p. 434, and Gopfert, 1. c. 
p. 284. 

578 He should not be repelled if the penitent — as is peculiar to many men, 
generally less from malice than from awkwardness or embarrassment — 
shows a rough, sullen, insolent disposition; if liis expressions are blunt, 
short, and ill chosen ; indeed, the priest should be impressed favorably by 
the fact that men generally confess their sins with a certain honest fearless- 
ness. Cf. Synod vie. Sutchuensis, 1803; Coll. Lac. Tom. VI. p. 608; and 
Cone. Aqu. 1850, Tit. VII. c. 5. Coll. Lac. Tom. IV. p. 992: Alacri animo 
et in multa pntientia auscipiat poenitentes, prcesertim viros^ qui ad sacrum tribunal 
^ummo studio ornnique charltatis industria alliciendi sunt. Cone. Baltim. 1866, 
Tit. V. c. 5 (Coll. Lac. Tom. III. p. 40). 



THE CONFESSIONS OF MEN 617 

with instilling into their hearts hatred and detestation of mortal 
sin. " This is necessary, lest they regard him as what they call a 
^ saint/ and be afraid to come to him again." But the con- 
fessor must not go too far in his indulgence, nor permit to the 
men who are his penitents, anything which might become a 
great danger for their souls; he must here be particularly care- 
ful concerning circumstances in their lives which are to them 
occasiones proximce. 

4. The confessor must urge them to fulfill their duties as Chris- 
tian men faithfully, punctually, and fervently. 

5. He should especially warn them against negligence in prayer, 
admonish them to observe Sundays and holy days conscien- 
tiously, and particularly to be present at sermons, as those who 
seldom or never hear a sermon will hardly persevere in a truly 
Christian life. 

6. Then if it be opportune, he should enjoin moderation in 
drinking, in case they have been guilty of drunkenness. 

7. If he has reason to doubt the firmness and integrity of 
their faith, in which they may be remiss, he must probe into the 
matter ; perhaps he will have to censure the reading of bad news- 
papers, or the frequenting of doubtful society. 

8. Upon husbands he should impress the duty of cultivating 
a loving and peaceable disposition towards their wives, and, if 
there is reason for it, the duty of avoiding all impropriety in 
married life. He should, especially, denounce the evil habit of 
carrying on improper talk in the presence of servants, compan- 
ions, young people, and in the home circle. 

9. Fathers should be earnestly admonished to assist their 
wives as much as possible in the work of education, and to set 
their children a good example in every respect. 



618 THE MINISTER OF THE SACRAMENT 

82. The Confession of Nuns.'^^ 

1. We have already stated that a priest requires special ap- 
probation from the bishop to hear the confession of nuns.^^^ But 
in order to discharge this office fruitfully, he must be well in- 
structed and experienced in spiritual things, prudent, and pos- 
sessed of great charity and patience. As already pointed out, 
proficiency in theology, especially in moral theology, is indis- 
pensable to all confessors; '^but greater knowledge is necessary 
to the confessors of nuns, since the Church exercises greater 
care in selecting them." Without solid knowledge, the unusual 
circumstances which may arise are' often mismanaged and not 
rarely with fatal results. The confessor of nuns must possess 
an accurate knowledge of the spiritual and ascetic life, of the 
duties of religious in general,""^ ^^ and of the particular obligations 
of the Order (or Congregation) to which the women committed 
to his care belong. First of all, distinction is to be made be- 
tween nuns who lead a contemplative and those who lead an 
active hfe. The former are devoted in a special manner to the 
love of God, are far removed from the dangers of the world, 
and can more easily sanctify themselves ; they also contribute 
toward the general welfare by their prayers ; but they are tried 
by temptations and interior struggles. The others are not 
wholly withdrawn from the dangers of the world, as they are 
inevitably brought into contact with it by the exercise of the 
works of charity; society benefits m^ich by their high merits. 
Both forms of life are ordained by God, and are of great use in 
the Church. Moreover, the separate Orders have their char- 
acteristics, corresponding to the particular object for which 

579 Zenner, Instructio pract. Conf. 1. c. §§ 273, 274 ; Lehmkuhl, 1. c. Sacram. 
Poen. Sect. III. cp. 4, art. 3, nn. 506-510 ; Aertnys, Instruct, pract. 1. c. art. II. 
n. 148; Gaume, Handbook for Confessors, n. 185. 

580 See § 41. 

^81 For this purpose he should make a diligent study of those ascetic books 
which treat of these matters; for example, the works of St. Alphonsus, 
Rodriguez, Scaramelli. 



THE CONFESSION OF NUNS 619 

they were founded. With these, and with the constitutions of 
the Order, the confessor must be famihar. 

But in rebus spiritualihus he must not only possess theoreti- 
cal knowledge, he must be well experienced in them, '' because 
spiritualia cannot be rightly and perfectly understood without 
personal experience." If this experience is not possessed, he 
will be a blind man leading the blind. ^^^ 

Supernatural love and patience are necessary to the confessor, 
in order that he may zealously further the spiritual progress of 
those committed to him, and bear with equanimity their faults, 
weaknesses, and deficiencies. And though only a few souls 
may be confided to his spiritual care, let him not forget that 
by the perfection of a few a greater honor is shown to God than 
by the imperfect endeavors and virtues of many. Let him also 
keep in mind that those who devote themselves to the service 
of God have to endure more temptations of every kind than 
others, and that he to whom the spiritual care of them is in- 
trusted must bear no small portion of this burden with them. 
If, therefore, the confessor does not possess the supernatural 
love of God and his neighbor which enables him to sustain these 
trials, he is not suited for his office. 

^^2 Idque, proceeds Lehmkuhl, adeo verum est, ut in extraordinariis donis di- 
vinis, teste Sancta Theresia, Deus, non raro directorem vel confessarium experi- 
entia instruat, ut alios, qui ejusmodi charismatibus dotati sint, recte instruere et 
dirigere possit. The more, therefore, the confessor sees himself deprived of 
the extraordinary gifts, the more prudent and cautious he must be ; if he 
should have a penitent who enjoys a special intercourse with God, such 
penitent must not be lightly treated. But even in the treatment of ordi- 
nary, everyday matters, the confessor of nuns must proceed with great 
prudence, in order to give wholesome advice and correct answers; ^^quo enim 
sagacioris et suspicacioris indolis sint femince et quo majus otium ruminandi et 
indagandi monialibus relinquatur, eo cautior et prudentior esse debet illarum con- 
fessarius, ne errorum det ansam" Lehmkuhl. It is also a part of prudence 
to content himself with what devolves upon him as confessor, and not to in- 
terfere in the temporal aifairs of the nuns, lest, by more familiar intercourse 
with one or other of them, he expose himself or her to danger, or give 
occasion for ill feeling or petty jealousy. 



620 THE MINISTER OF THE SACRAMENT 

2. It must be his care that the nuns disclose to him the state 
of their consciences with full confidence; they must place great 
trust in their confessor, as he is almost their only refuge; and, 
like sheep without a shepherd, they will be exposed to many 
anxieties and temptations if this support fail them. He must, 
therefore, always show great patience and gentleness towards 
all, and if he perceive in a nun a certain shyness in the confes- 
sional which hinders her from making known her interior state, 
he must lend her special assistance in laying aside this shyness; 
but at the same time there is a certain kind of unnecessary ten- 
derness which he should avoid in his whole demeanor. 

3. It must also be his care that nuns observe their vows 
faithfully and perfectly, and adhere to the special rules and 
regulations of their institute ; moreover, that they perform their 
exercises of piety with devotion and zeal, that their daily occu- 
pations are executed with a perfect intention, with frequent 
recollection of the presence of God. They must, therefore, be 
taught a good method of meditation and of the examination of 
conscience {examen generate and particulare) , the manner of 
receiving holy communion, making a good confession, hearing 
holy Mass, saying the Office, and other vocal prayers. All these 
things are generally provided, however, in the religious rule. 

4. He must make it his concern that the nuns should advance 
in virtue. The following virtues are especially necessary for 
them : (a) the love of God, not a sensual love, but a strong love, 
one which urges to the fulfilment of the will of God, in all 
things, even the most difficult ; (o) humility and modesty ; (c) 
obedience to rules and to superiors ; a sacrificing, cheerful, punc- 
tual obedience, which does not ask a reason for the command, 
but which, when no sin is apparent and certain, blindly sub- 
mits itself ; (d) love of the members of the community, which 
has for a practical result that they avoid wounding or griev- 
ing others, that offenses are gladly forgiven, faults patiently 
borne, and mutual assistance rendered, as far as is possible; 



THE CONFESSION OF NUNS 621 

(e) chastity, which avoids every dangerous attachment and 
famiharity. 

5. The confessor should encourage and promote the authority 
of the Superioress of the convent, but not to such an extent that, if 
she should happen to be in error or to go beyond her powers, he 
should render himself inaccessible to the complaints of the subor- 
dinates ; he should discourage the spirit of grumbling in the com- 
munity, because authority is thereby weakened ; but he should 
prudently weigh complaints which may be laid before him, to see 
if they are justified, and so remedy them ; others he must dismiss. 

6. In his capacity of confessor, he must observe the following 
points : (a) to associate with the nuns rather too seldom than too 
often, and if he is obliged to speak to them, let it be done as 
briefly as possible; (6) in answering questions submitted to him, 
he should not be too hasty, but in more important matters or 
cases of doubt, he should request, time for consideration ; (c) in 
the confessional he should show no weariness, no impatience, 
and no haste, for this lessens confidence in him; (d) he must 
not be immoderately disturbed, nor take scandal if he should 
hear a sin of greater gravity in the confessional, for he must 
remember that persons dedicated to God are subject to violent 
attacks from the evil one; let him, therefore, rather show pity 
than agitation, admonish the erring one with paternal earnest- 
ness, encourage her, reawaken her lost fervor, in order that by 
greater zeal and mortification she may atone for her error and 
avoid sin in the future ; (e) he should be very careful to give no 
ground for any suspicion that he makes use of knowledge gained 
in the confessional, in his actions or words outside the confes- 
sional; (/) he must not interfere at all in the management of 
the house, nor in any matter which concerns the Ordinary or 
the Superioress, nor readily give advice in such things, but re- 
main firmly and strictly within the limits of his office, looking 
after the spiritual welfare and the progress of his penitents. For 
this reason, he should introduce no innovations, and if, on 



622 THE MINISTER OF THE SACBAMENT 

weighty grounds some change appears desirable, it should not 
take place without the advice and consent of the Superioress 
and the greater part of the community; otherwise peace in the 
community will be destroyed. 

7. The confessor must be especially on his guard against the 
following abuses, lest they creep in, and establish themselves: 
(a) everything w^hich is detrimental to community life, or de- 
rogatory of the vow of poverty in any way, even if only in slight 
measure; (h) disobedience towards the Superioress, murmuring 
against her, complaining about her to the other sisters, aversion, 
etc. ; (c) offenses against charity, even if these latter are common 
and not of grave nature; the confessor must not tolerate the 
least offense against charity w^hich is committed with delibera- 
tion, and he must firmly insist upon reconciliation and sup- 
pression of antipathies; (d) particular friendship, even if there 
be no danger connected with it, is to be avoided, for it divides 
the heart, hinders famihar intercourse with God, lessens the love 
of the community, and gives occasion to complaints and recrimi- 
nations; (e) familiarity with, or voluntary intercourse with, 
persons not belonging to the house; this causes great dangers, 
and weakens the religious spirit. The confessor must, there- 
fore, strictly insist upon the inclosure being observed, and upon 
the portress being thoroughly trustworthy. If there are nuns 
whose duties oblige them to be in contact 'with the world, or 
who are occupied out of the house attending to the sick, the 
confessor must see that danger of sin does not result to any one 
of them through this occupation; (/) lukewarmness and spir- 
itual sloth; the confessor must direct his endeavors to prevent 
drooping of the first ardor, and to encourage the practice of 
true piet}^; he should, therefore, insist that the prescribed 
recollections take place regularly and are well observed; also 
that there is a Retreat every year, or at least every two years. 

8. In order that the Superioress may duly exercise her office, 
the confessor should, when occasion offers, admonish her 



THE CONFESSION OF NUNS 623 

that: (a) she must love all her sisters as her daughters 
without making any distinction; and she must, therefore, 
gladly lend her ear to any one of them, and help her to the best 
of her abihty; (h) she must not at once credit reports made 
secretly to her, but carefully investigate them, and if she has 
to reprimand, it should generally be done privately; (c) she 
must take care that the regular Observance is strictly fulfilled, 
and she herself must be a model for all; (d) if she perceives 
abuses, she must rectify them in a prudent manner; (e) she 
must look to it that members of the Order who are sick are care- 
fully tended and often visited by the other sisters; (/) in the 
expenses she must avoid both aA^arice and extravagance; (g) in 
admitting and dismissing novices she must exercise great pru- 
dence; (h) in unusual circumstances she must have timely re- 
course to the advice of the Ordinarius; (i) she must be guided 
by the Papal Decree in the matter of the account of conscience. 
(The constitutions of many Orders permitted the unfolding of 
the conscience to the Superior, in order to obtain help and advice, 
but "si more intimate investigation of the conscience, such as 
is reserved solely to the Sacrament of Penance," was wrongly 
introduced by some. In consequence of which Pope Leo XIII 
strictly forbade Superioresses, whatever rank and eminence they 
might occupy, to induce persons under them, directly or indi- 
rectly, by command, advice, threats, or kind words, to make 
such revelation of conscience to them. On the other hand, the 
Pope leaves it to subordinates voluntarily and freely to disclose 
their interior state to their Superiors, so that, in doubt and 
trouble of conscience, they may receive from their wisdom 
advice and guidance) ; ^^^ (k) finally, she must never encroach 
on the rights of the regular confessor by determining for indi- 
vidual sisters the number of weekly communions. ^^^ 

583 Decretuni 17 Dec, 1890. 

534 Compare on this point S. R. C. 2 Dec, 1885; S. C. Ep. et Reg. 4 Aug., 
1888; Ballerini, Notse ad Gury, Tlieol. Mor. IT. n. 241; moreover, S. Rom. 



624 THE MINISTER OF THE SACRAMENT 

83. The Confession of Priests. 

A good confessor is very necessary for a priest. The priest 
instructs, warns, and guides others; he himself is seldom ad- 
monished and warned, and yet for him, too, reproof, instruc- 
tion, and warning are sometimes necessary. And who should 
give it but his confessor? The latter has a solemn duty to do 
so. And does not the priest, too, sometimes require encour- 
agement and comfort, especially if he finds himself in a difficult 
situation, or is troubled with anxiety ? And here the confessor 
must come to his assistance and comfort him. 

Hearing the confessions of priests is a matter of the highest 
importance, as priests are appointed by God shepherds, teach- 
ers, and guides of souls ; they are the light of the world and the 
salt of the earth. A worthy priest effects much good amongst 
the faithful by a holy, pious, pure, virtuous, and zealous life ! 
But how harmful is the lukewarmness, the neglect of duty, 
the levity of one who by his faults and open sins gives scandal 
to the people. What a great and significant task is it for the 
confessor to teach, rouse, warn, threaten, and encourage his 
brother in the holy priesthood ! 

Let the confessor treat his penitent with reverence ; although 
the latter kneels before him to accuse himself as a sinner, he is 

et Univ. Inquis. 2 July, 1890; Linzer Theol-prakt. Qifartalschrift, 1889, S. 
630; 1893, S. 138 (both articles by W. E. Hubert). According to these de- 
cisions, the right to give permission to nuns to receive holy communion 
oftener (than on the days fixed by the constitutions) belongs, not to their 
director or their Superioress, but only to the usual confessor, who, in the ex- 
ercise of his right, is free and independent. Only in one case could the 
Superioress forbid holy communion, namely, when a nun had puhlicly com- 
mitted a serious fault which had caused scandal to the other sisters (cf. S. 
C. Ep. et Reg. 27 June, 1876) ; this prohibition, however, would only hold 
good till the next confession. When the Confessor ordlnarius has given per- 
mission for special occasions, it need not be referred to the Superiors; but if 
the permission is granted once for all, the Superior should be informed ; the 
penitent herself ought to do so, but only once. Cf. S. Rom. et Univ. Inq. 
2 July, 1890. 



THE CONFESSION OF PRIESTS 625 

still a priest, clothed with exalted dignity. He must also treat 
him with true, fraternal, zealous and courageous love, which 
discloses the wounds of the soul, points out dangers and evil 
inchnations, blames when blame is necessary, and punishes 
when punishment is necessary. It would, indeed, be render- 
ing bad service to a fellow-priest simply to listen to him, to give 
him a few general exhortations, and then to absolve him. 

If the penitent is a conscientious, well-instructed priest 
(which may without difficulty be inferred from the manner of 
the confession, if he is not already known to the confessor), it is 
not necessary to put questions to him; if the confessor has 
doubts as to the gravity of a sin confessed, he can ask the peni- 
tent if he thought that he was committing a mortal sin. The 
exhortation, however, should scarcely ever be omitted; let it 
be short and appropriate; it may be given in indirect form, 
*^we priests," etc. If the penitent is frivolous and superficial, 
questions must be put to him, in order to complete his confes- 
sion. These questions may turn on the recitation of the Office, 
the celebration of Mass, administration of the Sacraments, and 
other priestly and pastoral duties.^^^ 

Toward such penitents the confessor must be fearless, and 
administer to them, whoever they may be, regardless of rank, 
esteem, and dignity, reproof, and refuse absolution, if necessary ; 
for example, when they are occasionarii or relapsing sinners. 
St. Alphonsus adds: Potissimum hac fortidudine agendum est 
cum sacerdotihus, qui in gravia peccata relapsi, quin se unquam 
emendaverint, ausi sunt tamen celebrare, aucupando absolutionem 
ah aliquo confessariorum qui hoc funguntur officio et lahorant, ut 

585 St. Alphonsus wishes that such a priest (conscientice parum meticulosce) 
should be asked : 1. Si distulerit celebrationem missarum per mensem^ prcesertim 
si sint defunctorum (cf. H. A. Append. III. n. 107). 2. Si fei^tivanter celehra- 
vit (H. A. Tract. 15, nn. 84 ad 86). 3. Si satisfecit ohligationi divini officii, 
prcesertim si est hene.Jiciatus. H. A. Aj)pend. IV. § 1, n. 9; Prax. Conf. n. 183. 
Cf. Aertnys, Instr. pract. P. III. cp. 2, 3, art. 3, n. 154 and P. II. cp. 2, n. 42; 
Gaume, Handbook, 4. chap. 2. art. §§ 182, 183, 184. 



626 THE MINISTER OF THE SACRAMENT 

damnentur. Hi sacerdotes pravis habitihus detenti palam solent 
in sacristia confiteri, ut ahsolutionem, quce eis denegenda esset, 
extorqueant sub prcetextu scandali, quod eveniret {quemadmodum 
illi exponunt), si a celehrando desistere deherent. Sit constans 
confessarius cum hujusmodi sacrilegis in difjerenda ahsolutione, 
eos adstringat ad repetendas confessiones tanquam irritas, et ad 
confitendum de omnibus Sacrificiis celebratis: et interim ad absti- 
nendum a celebratione, usquedum suce emendationis perspicua 
indicia prcebebunt. Quod si quis diceret, ob scandalum a cele- 
brando abstinere non posse, respondeat quod deesse non possunt 
justi prcetextus, si vellet desistere a celebrando; ceterum si ipse id 
facere renuit, dicat quod celebrare potest si est certus, se habere con- 
tritionem, sed quod ipse pro tunc non potest eum absolvere, dum 
certus non est, ut oportet, de ejus dispositione ; imo justum 
habet motivum credendi oppositum, cum observet tot lapsus sine 
emendatione. Et hoc modo agendi potest sperari, fore ut reci- 
piscat et salvetur ille miser sacerdos, secus ambo damnabimtur .^^^ 

But the priest (especially a young one) must not be bewil- 
dered if an unfortunate brother priest, burdened with grave sins, 
approaches him to make his confession. Let him remember 
that there was a Judas amongst the apostles; that the chief 
of the apostles was guilty of a very grave sin ; let him also bear 
in mind the words of the Lord : Necesse est, ut veniant scandala 
(Matt, xviii. 7). 

As to the exhortations which the confessor should give to 
priest penitents, they should be chiefly: (1) to remember their 
calling, their exalted dignity, their duties, their reward; (2) to 
devote themselves wholly to their sublime office, to labor for 
the salvation of souls, and for the glory of God by their prayers, 
their example, and the exercise of the sacred ministry; to have 
special care for the sick and dying, the poor and the young; 
(3) to avoid, especially, four vices, as being, above all, unworthy 
of their spiritual calling and presenting particular dangers for 
5SC H. A. Append. IV. § 1, ii. 9. 



THE CONFESSION OF PRIESTS 627 

priests, — sloth, impurity, drunkenness, and avarice (covetous- 
ness). The priest must often renew his purpose of leading a 
virtuous Ufe and of striving to obtain perfection. This reso- 
lution always revives the priest's zeal in the performance of his 
sacred functions, gives joy in the exercise of virtue, strength to 
resist temptations, and perseverance in his efforts. But that 
the priest may be true to this resolution, he must employ vari- 
ous means, especially : — 

1. Zeal in prayer; the priest must be a man of prayer; he 
must practice mental and vocal prayer. Sine oratione mentali 
difjicillime bonus erit Sacerdos; nam sine ea intellectus carehit 
lumine, quo cognoscat veritates ceternas et mysteria divini amoris, 
atque inde deerit in voluntate calor fervoris, quo novatur ad sancte 
vivendum.^^'' The priest should, therefore, fix a definite time 
every day — at least a quarter of an hour, if at all possible, half 
an hour — during which to devote himself to meditation. Morn- 
ing is the best time, as one is less exposed to distractions then 
than in the midst of the occupations and cares of the day. Those 
who answer, however, that they have no time for daily medi- 
tation should consider if their lukewarmness and carelessness 
are not much more to blame than want of time. If they gave 
up superfluous pleasures, visiting, and other unnecessary things, 
or at least reduced them, they would certainly be able to spare 
a quarter of an hour on most days for meditation.^^^ 

587 S. Alph. Prax. Conf. n. 183. 

588 Prax. Conf. nn. 122, 127, 219. Contemplatio in ceteris hominibus quceritur 
per consilium, in sacerdotihiis vera exigitur per prceceptum. Rup. Tuit. Lib. II. 
in Lev. cp. 40. St. Gregory trembles for those bishops who admit to the 
service of the sanctuary men who have neither reverence nor love for prayer. 
St. Bernard admonishes Pope Eugenius to impose hands upon those only who 
have taste and zeal for meditation. St. Charles Borromeo objects to ordain- 
ing any priest without being certain that he possesses the science of medi- 
tation. . . . And everything that has been written upon this subject since 
the days of St. Vincent de Paul, St. Francis of Sales, and Olier, may be 
summed up as follows : " If one becomes a priest only by ordination, one 
becomes a good priest only by meditation." Compare Chaignon, Meditations, 
Introduction, p. x ff. 



628 TEE MINISTER OF THE SACRAMENT 

Not less necessary for the priest is oral prayer. Clama ad me 
et ego exaudiam, says the Lord (Jerem. xxxiii. 3) ; for if it is 
certain that the priest daily requires new graces, it is also certain 
that he must ask for them daily. Besides the priest is the medi- 
ator between God and His people, and therefore must supplicate 
for them. ^' Absit a me poc peccatum in Dominum, ut cessem 
orare pro vohis'^ 1 Kings xii. 23 (Samuel) ; " Et rogante pro eis 
Sacerdote, propitius erit eis Dominus'' (Lev. iv. 20). 

2. Of all the prayers that the priest must say, none is more 
excellent, with the exception of the holy Mass, none is more 
efficacious than the Officium divinum. Let the priest say it 
punctually, faithfully, with recollection and with pleasure. 

3. The center of the sacred ministry is the celebration of the 
holy sacrifice. For this most holy mystery he should prepare 
himself wdth care, celebrate it with the greatest possible purity 
of heart, interior devotion, and exterior reverence, and with 
careful observance of the wise precepts of the Church which 
bind under grave sin (ex genere suo). The priest must be on 
his guard against three chief faults in the celebration of Mass : 
celebration in haste, out of custom, and in a state of grave sin. 

4. Another means of sanctification is frequent confession. 
At least every eight days the priest should make a good con- 
fession, and only on account of great distance from a confessor 
should he delay it a fortnight. So St. Charles Borromeo deter- 
mined in the first provincial council and in his celebrated In- 
structions. But the priest should also observe the other advice 
of this enlightened Saint (m Decretis visitatoris) : Valde utile 
esset, ut Sacerdos unusquisque . . . certum ac firmum Confes- 
sarium Sacerdotem haheret ex approbatis, a quo nisi in magna 
necessitate recederet; si quidem animw solet non minus ohesse 
Confessariorum mutatio, quam corpori Medicorum. 

5. The good priest loves the study of wisdom, and observes 
the admonition which St. Paul gave to his pupil, Timothy: 
Attende tibi et doctrince; insta in illis. Hoc enim faciens te ipsum 



THE CONFESSION OF PRIESTS 629 

salvum fades et eos qui te audiunt (1 Tim. iv. 13, 16). Continual, 
zealous study of theology alone enables the priest to do his duty, 
to be a teacher of the people in the science of salvation, and to 
administer the holy Sacrament of Confession rightly and success- 
fully; at the same time it preserves him from many evils and 
dangers, and it is to him a source of exalted pleasure. 

6. Another means which contributes much to sanctification 
is to be found in the Exercitia spiritualia, which priests should 
make every year, at least every two years. Immense is the 
blessing which results to the whole Church and to the individual 
priests who zealously perform them in the right spirit and in 
the right manner.^^^ 

589 S. Alph. Prax. Conf. n. 48 ss. ; Aertnys, Instr. pract. 1. c. n. 156 ss. ; 
Zenuer, Instr. pract. Conf. §§ 276, 277. 



CHAPTER III 

PENITENTS IN EXTREME DANGER 

84. The Importance of the Priest's Ministry at the Bedside of 
the Sick and the Dying. 

As the grace of perseverance and eternal salvation depends 
upon a good death, as a bad death can never be remedied, and 
as man's helplessness is never greater than in that terrible last 
struggle, in which a thousand things disturb and confuse him, 
the bitterest pains afflict and the most violent temptations 
beset him, it is a work most pleasing to God, and most conducive 
to the salvation of souls, to bring spiritual aid to the sick and 
dying. The good, zealous priest is an ardent friend of the sick 
and the dying, following in this the example of our divine 
Savior (Matt. ix. 35). It was always the glory of Catholic 
priests that they were to be found at the bedside of the sick 
and the dying, making no distinction, and undeterred by the 
worst infectious diseases. And when all flee, the priest re- 
mains and is prepared to sacrifice himself in order to save the 
sick one. Therefore Dr. Stohr says most truly in his ^' Pas- 
toral Medicine" (p. 241) : ''The chronicles of epidemic disease 
record upon each of their pages the most splendid examples 
of that joyful self-sacrificing courage with which the whole 
secular and Regular clergy have stood faithfufly at their posts, 
in the hour of the greatest need, in the days when a reign of 
terror dissolved all ties of society. For the Catholic pastor of 
souls this form of courage is just as much a principle of profes- 
sional honor, and, therefore, I venture to say, as much a matter 
of course, as in an officer bravery before the enemy." In the 

630 



AT THE BEDSIDE OF THE SICK AND DYING 631 

moment of greatest need {in articulo mortis) any priest, as already 
stated, can administer the consolations of religion; reserved 
cases and censures do not exist. And every priest should, 
therefore, be solicitous to obtain the necessary knowledge in 
order to be able to administer the holy Sacraments to a dying 
person in case of necessity. As visiting the sick is, of itself, 
forbidden to no one, and, as St. Alphonsus remarks,^ ^^ Every 
priest, even he who has no talent for preaching, can engage 
upon it, rendering by so doing the greatest service, not only 
to the sick man himself, but also to his relations and friends," 
every priest should acquire a facility in comforting the sick 
according to their special needs and circumstances. 

In order, therefore, that the priest may effectually assist 
the sick and the dying, he should, before he betakes himself to 
the sick-room, observe the following : — 

1. Reflect that he is about to perform a work of the greatest 
importance, and that the errors which he commits in it are of 
the worst kind, and cannot, as a rule, be remedied.^ 

2. Remember that in this most important work the help of 
God is necessary to him; he should not, therefore, trust in him- 
self, but wholly in God. 

3. Endeavor to awaken and preserve the purest and most 
perfect intention possible, the intention of saving a soul which 
Jesus Christ has purchased by His blood. 

4. Earnestly pray for the success of his work. 

5. Study well what he has to do and to say. He should con- 
sider the particular manner in which he has to treat the patient 
to whom he is going; for he is undertaking a more important 
work than preaching a sermon, and yet he must prepare for 
every sermon.^ 

6. Learn the character, the habits, the circumstances, and the 

1 The Priest in Solitude, Div. I. chap. ix. n. 30. 

2 Rit. Rom. Tit. V. cp. 4, n. 1 ; S. Alph. Prax. Conf. n. 228. 

3 Rit. Rom. Tit. V. cp. 4, ii. 7. 



632 THE MINISTER OF THE SACRAMENT 

situation of the sick person, if he is not akeady in possession of 
this knowledge.* 

85. The Confessions of the Sick. 

I. Some preliminary remarks. 

1. The confessions of the sick and the dying are of the greatest 
importance, as, in many cases, they open the gates of heaven 
to them, and prepare them for the worthy reception of the other 
Sacraments. On this account parish priests, and priests in 
general who have the care of souls, are strictly bound to hear 
the confessions of those in danger of death, even in face of great 
difficulties and of danger to their own lives. The priest may, 
in such a case, even interrupt Mass (even during the Canon) if 
no other priest is at hand.'"^ Let him, therefore, before he visits 
the sick person to hear his confession, earnestly pray for grace ; 
let him enter upon this important duty with zeal and love, 
but also with great prudence and judgment, confiding in God, 
and where there is danger, let him face it with apostolic courage. 
Let him not forget that the eternal salvation of the sick person 
is in his hands, that he can save his soul ; but that this soul may 
also be lost by his fault if his action is careless, tardy, imprudent, 
and faulty. 

2. In the presence of the sick person, however the latter may 
be circumstanced, and, however he may have lived, the con- 
fessor must manifest for him a great love and a sincere sympathy. 

4 Cf. Polancus, Methodus juvandi moribundos (Dilling, 1578) ; Scupoli, 
The Manner of Comforting the Sick, and Preparing Them for a Good 
Death (3. Supplement to the Spiritual Combat) ; Carol. Borrom. Instruc- 
tiones de cura et visit, infirm. (Act. Med. pp. 595-608); S. Alph. Prax. 
Conf. nn. 227-292; H. A. 11. Append.; Hettinger, Herr, den du liebst, er ist 
krank. Wurzburg, 1854 ; Aertnys, Instruct, pract. P. III. cp. 5, art. 2; Zen- 
ner, Instruct, etc. P. II. Sect. IT. cp. 2, §§ 301-311; Schiich, § 317; Frassi- 
netti, a. a. O. 2.Teil. 2. Cap. I. anh. §§ 1-7; Dubois, The Practical Pastor of 
Souls, 2. Part, 12. Chap. pp. 317-336, etc. ; Stang, Pastoral Theology. 

5 S. Alph. Lib. VI. n. 354 ; De Herdt, Sacrse Liturg. praxis, Tom. II. 
P. III. n. 20, IV. 



THE CONFESSIONS OF THE SICK tJ33 

3. If he were not called by the sick person to hear his confes- 
sion, but by those around him, or if he went unsummoned/ 
and if there is no danger of death, he should not mention confes- 
sion at once during the first visit, but address the patient in a 
friendly manner, ask him sympathetically about his illness, 
etc., as sick people like to talk about these things. He should 
then admonish him to resign himself to the will of God, to 
unite his sufferings to the bitter sufferings of Jesus, and to 
bear them patiently in satisfaction for sin.^ In subsequent 
visits, he should gradually prepare him for confession; ask 
him when he made his last confession; remark that it is 
better to confess before the illness increases, because this will 
render it more difficult; that the graces of the holy Sacrament 
of Penance procure for the soul the peace which it desires ; that 
they conduce to patience in suffering. Let the priest awaken 
in the sick person a hope that God will restore his health, but 
at the same time, be careful that he recognizes the gravity of 
his illness, and that he does not place undue confidence in 
doctors and their skill. In order not to expose the patient 
to the danger of dying without the Sacraments by misjudging 
the gravity of the case, the priest should ask the doctor whether 
the condition of the patient is precarious. The friends may 
also be privately asked if the sick person wishes to confess 

® Cf. Rit. Rom. 1. c. Quum primum noverit, quempiam ex fidelihus curce 
suce commissis cegrotare, non expecfablt, ut ad eum vocetur : sed ultra ad Ulum 
accedat, id que non semel tantum, ted scepius, qiiatenus opus fuerit : horteturque 
Parochiales sues, ut ipsum admoneant, quum aliquem in parochia sua cegrotare 
contigerit, prcecipue si morbus gravior fuerit. The sick person should, there- 
fore, be visited early, the visit should be repeated, but with discretion, so that 
he may not be in any way inconvenienced. Various circumstances, however, 
cause patients or those belonging to them to conceal the illness from the 
priest, such as, fear of troubling him, the erroneous idea that his visit will 
entail expense, anxiety lest his appearance might have an injurious effect 
upon the patient's condition ; lack of conscientiousness on the part of the 
doctor, malice, unbelief. In such cases the priest must endeavor to remove 
these objections, and to obtain timely access to the sick person. 

7 Cf. Rit. Roman. 1. c. 



6 3 J: THE MINISTER OF THE SACRAMENT 

to another priest, adding that there would be no objection 
whatever to his doing so/ 

4. If the sick person is a peccator puhlicus, Uving, for example, 
in concubinage, or in the so-called "civil marriage/' the con- 
fession should not, as a rule, be heard before amendment and 
due satisfaction have been seriously promised; for if the priest 
hears the confession, and the person refuses to fulfill the condi- 
tions, the priest will, on account of the seal of the confessional, 
be obliged to allow viaticum and Extreme Unction to be ad- 
ministered to one who is unworthy, — indeed, perhaps be obliged 
to administer these Sacraments himself. 

5. If the sick person begs that the confession may be deferred, 
and if danger of death, lethargy, or delirium is not imminent, 
this postponement should be granted, but the patient must at 
once fix a time for the confession, perhaps on the same or the 
following day. The priest should not consent to indefinite 
postponement. If, however, danger threatens, he should not 
consent to postponement at all, but use all his efforts to induce 
the patient to confess at once, firmly but kindly, and consider- 
ately removing all his objections; especially pointing out to him 
the great danger to which he exposes himself by this postpone- 
ment; as God has promised pardon to the penitent sinner, 
but has not promised to give him the next day.^ The confessor 

^ The priest should not forget the exhortation of the Rit. Rom. : ^^JEgro- 
tos visitnns ea ex qua Sacerdotes Domini decet hone^tale et gravitate se habeaf, 
nt non cer/ris solum, sed sihi et domesticis verho et exemplo prosit ad salutem." 
Special care is necessary in visiting pei-sons of the other sex. The sick-room 
should not be entered without due notice, the visits should take place as 
much as possible during the day, and not be too frequent nor too long; the 
priest should avoid being alone; even when hearing the confession the door 
should be left open, so that others can always see from a distance ; certainly 
the door should not be locked, and he should never remain in the dark, nor 
alone longer than is unavoidably necessary. Everything of the nature of 
tenderness or sentimentality should be avoided, and holy decorum and gravity 
be observed. Comp. Benger, Pastoraltheologie, a. a. O. ; Frassinetti, 
Practical Instruction, chap. 2, Appendix I. § 3, nn. 353-356. 

^ S. Au^j,-. Enarrat. in psalm. 144, n. 11. 



THE CONFESSIONS OF THE SICK 635 

must, therefore, investigate the patient's reasons for wishing 
to postpone his confession. The real reason is generally either 
(1) because his conscience is burdened with sin, he has not con- 
fessed for a long time, or confessed badly, and therefore despairs 
of unburdening his conscience, the task being above his strength, 
as he thinks ; or (2) because he has an obdurate heart, not caring 
about his salvation, or he so despairs of his salvation that he 
rejects all attempts from outside as useless and troublesome. 
The priest may not give up such a patient, nor leave him till 
the last moment ; he must pray much, and cause others to pray 
for him, endure humiliations cheerfully, and exhaust every 
means that love, zeal for souls, and wisdom can possibly suggest. 

In the first of the two cases, the priest should offer the sick 
person his help, and promise him to make the confession quite 
easy for him, telling him that with a little good will, he will 
certainly make a good confession, and so obtain pardon, grace, 
and salvation. The inexhaustible mercy of God should be 
especially and most earnestly impressed upon him; he should 
be reminded of the sufferings and death of Jesus for sinners; 
of the parables of the prodigal son, the lost sheep, the joy of the 
angels over one sinner doing penance, of the great examples 
of mercy: Peter, Mary Magdalen, the thief on the cross, etc. 

In the other case the difficulty is greater, for it is indeed dif- 
ficult to soften an obdurate heart. Here, fervent, continued 
prayer is necessary. Those terrible and consoling truths which 
our faith supplies so abundantly should, at suitable intervals, 
and with eloquence and unction, be laid before him : the misery 
of the impenitent sinner, the severity of the divine judgment, 
the eternity of punishment, the happiness of the sinner recon- 
ciled to God, the peace of the soul adorned with sanctifying 
grace, the eternal joys which await him, etc. If all this does 
not produce upon the sick person the desired effect, he should 
be left to himself for some time, in order that he may reflect 
upon what he has heard. In the meantime, pray; then visit 



636 THE MINISTER OF THE SACRAMENT 

him again, and speak to him again, and proceed in this manner 
till success results, or till an impenitent death closes an impeni- 
tent life/« 

II. The confession of the sick person. 

1. If the sick person shows himself ready to make his confes- 
sion, the confessor must help him in every way to fulfill the con- 
ditions necessary for the reception of the Sacrament of Penance ; 
thus he should help him to examine his conscience, to elicit 
contrition, to make a complete confession, and to perform the 
penance. 

And first, as to the completeness of the confession, the peni- 
tent's condition must be taken into consideration. If the 
confession can be put off without danger, he should be ad- 
monished to examine his conscience according to his ability 
and to prepare for a general confession." If it cannot be put 
off, or if the confessor is under the necessity of supposing that 
the patient is not well able to make such an examination of con- 
S3ience, he must help him. But he must be careful to avoid 
worrying him by asking too many questions. ^^ 

The following cases deserve special attention : — 

(a) If the sick person has lost the power of speech, and can 
thus only indicate a few sins by signs, or in some other way. 
In this case the priest will be able to elicit the confession of a 
few sins, and that suflSces. 

(6) If the sick person is so weak that he can only confess a 
few sins, or having confessed a few, faints, or seems about to 
faint, or when the patient has not confessed for some consider- 
able time, or invalidly, and the gravity of the illness or the near- 
ness of death does not permit of postponing the absolution. 

(c) When the confessions of many dangerously sick or dying 
persons are to be heard, and there is no time for a complete 
confession. 

w S. Alph. Prax. Conf . nn. 231, 232. " See §§ 30, 31, 32, General Confession. 
12 Lugo, 1. c. Disp. 16, sect. 14, n. 598. 



THE CONFESSIONS OF THE SICK 637 

(d) When the priest has arrived at the house of the sick person 
with the viaticum, and cannot, without endangering the good 
name of the sick person, hear a complete confession/^ In this 
case, let the priest visit the sick person as soon as possible after 
administering the Sacraments and supply what was wanting. 

(e) When a dangerously sick or a wounded person, or mulieres 
parturientes, require the assistance of another even during the 
confession. In this case, the sick person may confess some sin 
of which he is not ashamed to accuse himself before others, 
or the confessor may ask him if he accuses himself of all the sins 
he has committed, and repents of them, because by them he 
has offended God, and ask him, in particular, if he has com- 
mitted this or that (slight) sin, such as people of his class are 
generally guilty of.^^ Similarly when the priest does not under- 
stand the language of the sick person, and the latter confesses 
through an interpreter.^^ 

(/) When the sick person has a contagious disease, and, in 
the opinion of experts, there would be danger of infection to the 
priest if the confession lasted long. Nevertheless, the priest 
would, in this case, do well to overcome the fear of infection, 
trusting in God and making use of the necessary precautions, 
and be ready to sacrifice his life in the service of God and his 
neighbor. 

In all these and similar cases, the patient must duly repent 
of all grave sins, and have the will to confess the sins which he 
has omitted if he is able to make a new confession. Indeed, 
there are cases in which a purely general accusation by word or 
sign, or a request for absolution, expressed in any way, suffices 
for obtaining absolution, that is, when no other means of confes- 
sion is available. Even if a wish expressed to others, or the 

13 Corap. § 27, S. Alph. Lib. VI. n. 260; H. Ap. Tract. 15, n. 24; Tract. 
16, n. 39; Giiry. I.e. II. n. 498. 

" S. Alph. Horn. Ap. Tract, ult. n. 46, Prax. Conf. n. 105. 
15 Compare § 27 ; S. Alph. Lib. VI. n. 479. 



638 THE MINISTER OF THE SACRAMENT 

desire for a priest, can be regarded as confession when the penitent 
has become unconscious/'' 

2. The confessor should question the patient so that he need 
simply answer without being obliged to talk much. If he is not 
well acquainted with the state of his soul, let him ask the pa- 
tient if he has always confessed validly (this question may also 
be put to all sick penitents), or if, in his past life, he always 
wished to confess well, if he ever voluntarily concealed a grave 
sin, and has not yet confessed it, if he has anything else upon his 
conscience which disturbs him. According to his character, 
and the state in which the confessor finds the penitent, he should, 
moreover, ask if he still has in his possession anything belonging 
to another, or if, for some other reason, he still has restitution 
to make of property, or honor and good name; if he harbors 
hatred and enmity toward any one; if he has ever lived in a 
sinful habit, and if he has expiated these sins in a general con- 
fession. If restitution has to be made, and he can make it at 
the time, the duty of so doing at once must be imposed upon 
him, and he must not be allowed to leave this duty to his heirs ; 
unless the latter be thoroughly trustworthy, the dying person 
believing this to be sufficient and not easily being induced to 
another expedient. If the restitution cannot at once take place, 
he must, at least, have an actual intention of making it as soon 
as possible, and of taking the necessary steps toward insuring 
its being made — either by a will, or by an injunction to those 
belonging to him.^' 

If the sick person is in a state of invincible ignorance con- 
cerning the duty of restitution, and if it is anticipated that he 
will not be willing to make it, or that great difl^culties will 
arise, the confessor ought not to call his attention to this duty, 
but leave him in his state of ignorance. For, by such exhorta- 

16 See § 86. 

1^ Cf. S. Alph. Lib. III. n. 682; Prax. Conf. n. 105; Reuter, n. 235. Cf. 
211, 6. 



THE CONFESSIONS OF THE SICK 639 

tion, the material sin would become a formal one, and the con- 
fessor's duty is rather to guard against injury to the soul of the 
penitent than to ward off a temporal injury from a neighbor. 
If, however, the confessor is questioned by the sick person con- 
cerning such a duty, he must give an answer, but give it with 
such caution that neither truth nor justice suffer, and that the 
salvation of the sick person be not imperiled. ^^ The confessor 
should then exhort the sick person to forgive from his whole 
heart every one who has ever offended him, and to beg pardon 
of those whom he has ever offended, or injured. 

3. If the sick person is in a voluntary immediate occasion of 
sin, he must remove this at once, or form a firm purpose of doing 
so as soon as possible. Without this resolve, even in articulo 
mortis, absolution could not be given, for the necessary disposi- 
tions would be wanting. If there is no danger in delay, the con- 
fessor must insist, with inexorable severity, upon the removal 
of this occasion, if it is a public one, and postpone absolution 
till it is removed.^^ Such occasions may be dangerous objects, 
or persons whom the sick man hates, or a person with whom 
he maintains sinful intercourse. The latter occasion presents 
greater difficulty, and it is to be disposed of according to the 
rules laid down for those living in concubinage. If the matter 
has remained secret, or is only known through confession, and 
if public scandal is to be feared from immediate removal of the 
person, the penitent must form the firm purpose either of marry- 
ing her, if no obstacles which cannot be removed are in the way, 
or of dismissing her as soon as possible, and till then, of keeping 
her at a distance as much as possible. ^*^ 

If the person were an occasio necessaria, that is, if the sick 
man had no one else to wait upon him, the matter becomes 

18 Cf. S. Alph. Lib. VI. iin. 609, 614, 616. 

19 See § 66, 1. Those living in concubinage. 

20 S. Alph. Lib. VI. n. 454 ; Renter, n. 211, 6. Cf. 173 ; Gury, Cas. consc. 
II. nn. 722-725; Gaume, Handbook, n. 376. 



640 THE MINISTER OF THE SACBAMENT 

still more difficult. Supposing that the occasio proxima has 
really lost its character in this situation, the circumstances 
might call for some forbearance; however, if the matter is 
notorious, some explanation should be made in order that the 
scandal caused may be atoned for ; that is, the sick man should 
be obliged to declare, perhaps before witnesses, that he would dis- 
miss the person when he had recovered health ; but this declara- 
tion would not be necessary if the circumstances which- make 
the dismissal of the concubine impossible are publicly known. 

This tolerance is the more justifiable if the immoral relation- 
ship had not become generally known, but were only learnt 
through the confessional, and difficulties stood in the way of 
contracting the marriage in extremis. But here also the sick 
man must promise that he will marry, or dismiss the person 
who is the occasion of sin to him, etc. However, in all cases 
where the concubine cannot be dismissed, the sick man must 
take care that she does not sleep near him, that she only goes 
to him when it is necessary, in order to avoid dangerous intimacy 
and temptation. 

4. If the person who is dangerously ill is living in so-called 
'^ civil matrimony," and there is no canonical impediment, a 
promise to marry made before the parish priest and two wit- 
nessed suffices, and the marriage must take place as soon as 
possible. If there is a canonical impediment, for which a dispen- 
sation can be obtained, let the confessor induce the sick man to 
submit himself to the laws of the Church. On this condition 
he may be absolved; the confessor should then procure the 
dispensation if the patient is not already in extremis. If he 
is already very near death, the bishop can dispense, in order that 
the marriage may proceed, as it may, for many reasons, be 
desirable. If the impediment cannot be removed by a dispensa- 
tion, it suffices that the sick person promises to submit to the 
laws of God and the Church, in case he is restored to health. 
If he is not aware of the obstacle, he may be left in his bona 



THE CONFESSIONS OF THE SICK 641 

jides. If the matter is publicly known, the scandal given must 
be repaired. 

5. If a dying woman has separated from her husband on her 
own authority, the confessor must demand that the separation 
should be revoked as soon as possible; if the person does not 
wish this, and there is canonical ground for separation, she 
must be left in peace. If the reasons are futile, she must 
declare that she will resume married life upon the restoration of 
health (if occasion requires, she must make this declaration 
before witnesses, in order to remedy the scandal given). If 
she had been divorced by the civil court in bona fide, she must 
not be disturbed. Of course, the conduct of the confessor would 
be modified according as he had learnt the matter through 
the confessional, or previously, by general report. In the latter 
case the explanations and promises in question must be duly 
given before the administration of the Sacraments. ^^ 

In respect to sick persons who have lived in habitual sin, or 
have frequently or generally relapsed into the same grave sin, 
see §§67 and 68. 

6. As soon as the confession is completed, the confessor should 
exhort the sick person in a few forcible w^ords, and awaken in 
him true sorrow and firm purpose of amendment. The thought 
of death, vividly suggested by the circumstances, is well calculated 
to move a man to a holy fear and repentance. In most cases 
it is advisable to make an act of contrition with the sick person. 

7. Then, according to the express admonition of the Roman 
Ritual, a slight penance should be imposed upon the sick 
person, which can be performed at once. The confessor should 
help persons who are very ill, and those who are dying, to per- 
form the penance before, or after, the absolution has been 
administered.^^ 

21 Compare RenniDger-Gopfert, Pastoraltheologie, § 100 ; Miiller, Theol. 
Mor. Lib. III. Tract. II. § 167. 

22 See also § 33, in. 



642 THE MINISTER OF THE SACRAMENT 

8. When the sick person's spn^itual condition has been set 
in order, attention must be paid to the regulation of his tem- 
poral affairs (Is. xxxviii. 1). If it is considered necessary or 
advisable, he should, therefore, be admonished to put his worldly 
concerns in good order, if he has not yet done so, that he may 
afterwards occupy himself with God in undisturbed peace. 
But he must so regulate everything that he may be well pre- 
pared for the account which he will be obliged to render to God. 

III. The priest very often finds himself with sick persons 
who are altogether uneducated and ignorant; or who, though 
well informed in affairs of the world, are very ignorant in reli- 
gious matters. Whilst he can openly instruct the former class, 
he is often obliged to disguise his instruction of the latter 
that they hardly observe it, so as not to offend them and jeop- 
ardize the salvation of their souls. In this case he can give an 
explanation of the truths of faith which are applicable: (a) in 
the form of a prayer in which God is invoked; (6) in the form 
of a thanksgiving; (c) in the form of a sacrifice, or {d) in the 
form of an exhortation. Nevertheless, an explicit act of faith 
may be added. The confessor should commit to memory dif- 
ferent formulae by means of which he can, when necessary, 
instruct ignorant patients in the truths which they must know, 
and elicit the acts of the theological virtues with them ; he should 
also learn by heart short prayers and verses of Holy Writ which 
contain acts of the different virtues necessary to the patient. 

9. In order to provide more abundantly for the salvation 
of the sick person, the zealous priest should not content himself 
with what is necessary for a valid and fruitful reception of the 
Sacrament of Penance, but should endeavor, in subsequent 
visits ^^ (which should be repeated of tener as death approaches) : 
(1) to remove all obstacles to salvation; (2) to counteract the 

23 It would be very wrong to take no further trouble about the sick after 
they have received the last Sacraments. Benger, a. a. O. n. 17; Dubois, 
n. 264; and others. 



THE CONFESSIONS OF THE SICK 643 

attacks of the evil one; (3) to suggest remedies helpful in the 
dangerous passage to eternity. 

(a) Such obstacles to salvation are, preeminently: attach- 
ment of life, love of relatives, and care for earthly things. To 
remove these, it is especially necessary to inform the sick per- 
son, prudently, and at a suitable time, of the danger of death, 
at first by hints, but later on, when death is nearer, openly and 
plainly.^* Then the priest must explain to him how pleasing 
to God it is, and what great merits he acquires for himself be- 
fore God, if he submits to His will and makes the sacrifice of 
his life. He should also be reminded of the miseries of the life 
which he is leaving behind, and of the joys of heaven to which 
he is passing; impressing upon him, moreover, that God who 
takes him away from his own will provide for them. 

(6) Against the temptations of the devil, which are usually 
more violent and numerous in the hour of death than in life, 
the general remedies — invocation of the names of Jesus and 
Mary, the sign of the cross, and short prayers — are to be used. 
A crucifix and one or two religious pictures should be placed near 
the sick bed. In temptations against faith, the patient may 
exclaim, " Oh, my God ! I believe all that Thou, the eternal 
Truth, hast revealed!" or he may thank God for the grace of 
the true faith, and protest that he will live and die in this faith ; 
or, finally, — and this is an excellent proceeding, — reject these 
temptations energetically, and direct his attention to other 
things, making other acts — acts of sorrow, of confidence, of 
love of God, etc. And should the temptations continue to 
molest the sick person more violently, the motiva credihilitatis 
may be explained to him. 

If the sick person is tormented by temptations to despair, the 

2* It would be best that the physician should tell the patient of this dan- 
ger. But if none else will do it, the priest must perform this service of love, 
and that, not only when the patient is in a dangerous condition as to his 
soul, but also when he is well prepared. 



644 THE MINISTER OF THE SACRAMENT 

priest must not speak to him of the justice of God, nor of the 
punishments of the damned, nor of the gravity of sin, but of 
the exceedingly great mercy of God, the sufferings of Christ, 
the divine promises, the intercession of the most holy Virgin 
and the saints, and thus inspire him with confidence. 

If, on account of great pain, the sick person is tempted to 
impatience, remind him of the rewards of patiently borne suf- 
fering of Our Savior, who bore with patience the greatest 
torments; of the example of the saints, especially of the Queen 
of martyrs; of the duty of doing penance for our sins; of the 
pains of purgatory, which he may partly expiate by patient 
endurance of suffering; also of the fact that patience soothes 
and lessens pain. As a remedy against temptations to hatred 
and feelings of hostility remind him of the precept of Christ 
to love all men, and to exclude no one, not even our enemies, 
from this love; moreover, of the offenses we commit against 
God, who forgives us over and over again; of God's promise 
to forgive us if we forgive others; and, finally, place before 
his eyes the glorious example of Jesus.^^ 

(c) The confessor must assist the sick person by all the other 
means which our holy faith so abundantly possesses, administer 
to him in due time the last Sacraments, give him absolution 
repeatedly,^^ and (observing the precepts of the Church) fre- 
quently holy communion; often suggest fervent ejaculator}^ 
prayers; say with him the acts of faith, hope, and charity, 
and of perfect contrition for all past sins, also of perfect resigna- 
tion to God's holy will; make him participate in the indul- 
gences of the Church, give him general absolution, let him kiss 
the crucifix, sprinkle him with holy water, etc." And as it is 
not certain that a priest will be with the sick person in his last 
struggle and equally uncertain that the patient will not again 

25 S. Alph. Prax. Conf. nn. 237-253. 

26 S. Alph. Prax. Conf. n. 276, n. 11. See § 86. 

27 S. Alph. 1. c. nn. 234, 235 ; 267, 368. Rit. Rom. Tit. V. cp. 4, nn. 6, 13, 14. 



ABSOLUTION OF THE DYING 645 

commit a sin, especially as the evil one continues his tempta- 
tions till the last moment, the priest should teach him to elicit 
acts of love and contrition ; he should also request a trustworthy 
person among those around the patient to make frequent acts 
of perfect love and contrition with him, especially during his 
agony.'* 

86. Absolution of the Dying. 

The general principles laid down in the preceding sections 
apply also to this particular case. // it is certain that any- 
thing essential is wanting to the disposition of the moribund, abso- 
lution may not be administered; but if it is in any way, even 
tenuiter, probable, that everything essential is present, absolu- 
tion not only can but must be given. This, however, is not to 
be understood as meaning that there may not be cases in which 
absolution can be given, but where no obUgation exists under 
pain of sin of giving it. Most of the cases which occur can be 
solved by the rules which follow : — 

I. A dying person who, in the presence of the priest, has 
given a sign of repentance, and has confessed any sin, or even 
only in genere has acknowledged himself to be a sinner, must be 
absolved, and that, absolute, not conditionate. In this case the 
presence of sorrow is sufficiently ascertained, and besides there 
is some sort of confession. This is the express teaching of the 

2^ With regard to the Indulgence for the dying we append the following 
from the various decrees : The sick person can gain only once the Plenary 
Indulgence for the dying in eodem mortis articulo. S. C. Ind. 5 Febr., 1841. 
And it is forbidden to give the General Absolution more than once (whether 
it be by the same or by different priests) in eodem mortis articulo, or to grant 
the Plenary Indulgence for the dying repeatedly on the plea that the patient 
has claims to it from various titles, for instance, by membership in the con- 
fraternities of the Rosary and of the Scapular. S. C. Ind. 12 Mar., 1855, 
22 Mar., 1879. The formula prescribed by Benedict XIV must be used by 
all under pain of invalidity, and according to a declaration of Leo XIII, 
1882, even by Regulars and Tertiaries, yet wdth mention of the founder of 
their Order in the Conjiteor. Compare Schneider-Beringer, Die Ablasse, 10. 
Aufl. S. 473 f . 



6W THE MINISTER OF THE SACRAMENT 

Roman Ritual.^® The absolution here bears directe on the 
sins confessed generice by the signs of repentance and the desire 
of absolution, and indirede, on the special sins, included in that 
manifestatio doloris. These sins, however, the penitent must 
confess separately and distinctly when he has been restored to 
health.^« 

II. A dying person who is unconscious, and who, by the testi- 
mony of those present, before he became unconscious, expressed a 
ivish to confess, and showed signs of repentance, must be ab- 
solved. This is the constant practice of the Church, and the 
unanimous teaching of theologians. For the desire of receiving 
sacramental absolution, whether this is made known to the 
priest directly, or indirectly, through witnesses, includes a con- 
fessio in genere. Although morahsts ^^ teach that in this case 
also absolution may be given absolute, and the Roman Ritual 
directs simply: "absolvendus est,'^ it seems, nevertheless, safer 
to follow the opinion of those ^^ who require that the absolution 
be given conditionally, at least when it may be prudently doubted 
w^hether any indication of sorrow was really given, especially if 
the dying person is a homo rudis. Absolution must also be given 
— but conditionally — if there is aliqua probabilitas doloris et 
desiderii confessionis. 

III. According to the sententia communis et probabilis, absolu- 
tion sub conditione MAY be and MUST be -given to a dying 
person who has shown no sign of repentance, and of whom no wit- 
ness has reported such sign to the absent priest, and in whom the 
priest, moreover, cannot detect any such sign; provided the 

■29 QyAo ministrandi Sacr. Poen. n. 24. 

30 Cf. Aertnys, Theol. Mor. Lib. VI. Tract. Y. ii. 196, Q. 1 ; Lehmkuhl, 
Theol. Mor. I.e. Sect. III. art. IV. n. 510; Miiller, Theol. Mor. Lib. III. 
T. IL § 160. 

3^ Lehmkuhl, 1. c, who, however, adds : " A tinmen culpandus nm eat, qui 
forte condltionem " si capax es " adjungat, quum possint occurrere circiimstantice, 
(juce absolutionis valorem duhium reddant.'^ 

^■- Aertnys, 1. c, S. Antoninus, Suarez, Bonacina, etc. Miiller, also, recom- 
mends the absol. condit. 



ABSOLUTION OF THE DYING 647 

dying person is a Catholic. That he should have Hved a pious 
Hfe is not necessary; it is also appHcable to one who has not 
lived very piously, and may be extended to all concerning whose 
indisposition there is no certainty ; for it may be presumed that 
in their dangerous condition they would wish to receive the 
Sacrament. 

The whole difficulty in this and the following cases is — how, 
without express manifestation of sorrow, and desire of absolu- 
tion, the essential elements of the Sacrament of Penance can be 
supposed with some degree of probability to exist. I say, with 
some degree of probability, for it is not necessary to prove that 
these essential elements are certainly and positively present; it 
suffices to show that some probability (slight though it be) 
exists for the supposition that the essential elements of the 
Sacrament are realized. 

In order that absolution may be administered, there is re- 
quired: (1) a probable conjecture that the dying person has 
interior sorrow; (2) some outward manifestation which, with 
some degree of probability, may be regarded as a manifestation 
of inward sorrow, and (3) some outward sign, which, with some 
probability, can be understood as an accusation, if only a gen- 
eral one. 

The question now is to what extent can we find these three 
tilings in a dying person deprived of the use of his senses, who 
neither gives perceptible signs himself, nor has previously given 
them to others? 

Many theologians appeal to such signs as anxious breathing, 
sighing, winking of the eyes, various movements of the mouth, 
by means of which the dying person ^'perhaps" wishes to mani- 
fest his sorrow and his desire of absolution. For, frequently, 
those who appear to be unconscious are only deprived of the 
exterior use of their senses ; they perceive and understand every- 
thing, think, reflect, are also capable of sorrow, etc., as many 
declare, who have been in a similar state. As a man is more 



648 THE MINISTER OF THE SACRAMENT 

withdrawn from the outer world, the more active is his inner 
hfe. In the case of dying persons who have led Christian lives, 
who are mindful of their sins, and do not easily deceive them- 
selves as to their situation, who know that the decision of their 
eternity is near at hand, as they will soon stand before their 
Judge — it is readily to be understood that they should make 
attempts to reveal outwardly their interior sorrow, and, there- 
fore (the only conceivable course in a Catholic), their desire for 
the absolution of the priest. ^^ Even if such signs are of them- 
selves no natural indication of repentance, we may assume that 
the dying person wishes to make use of them for said purpose 
(which at the time is to him of supreme importance), as he cannot 
reveal himself in any other way. This is the teaching of St. 
Augustine, of St. Antonin, of St. Alphonsus Liguori, of Sporer, 
Elbel, the Salmanticenses, Tamburini, Lacroix, Aertnys, Miiller, 
Gury, Konings, and others. The specified signs may, therefore, 
be regarded as manifestations of sorrow and desire of absolution. 
Now, it is allowed, in urgente necessitate, to administer the Sacra- 
ments suh conditione, however doubtful the matter may be, as,' 
on the one hand, the reverence due to the Sacrament is pre- 
served by the appended condition, and on the other hand the 
salvation of a soul is also provided for. When, therefore, the 
priest can administer the Sacraments, he is hound to administer 
them sub gravi peccato.^^ He must, however, repeat to the dying 
person in a few words and in a loud voice a general accusation 
and an earnest act of contrition, as experience shows that the 
sense of hearing generally remains till death. 

33 a Moraliter fieri nequit in liac nostra naiura composita, ut dolor et desi- 
derium, se subjiciendi clavibus Ecclesice, quce interne habentur, nidlo actu sensibili 
se manifestenf, licet ab aliis forte non animadoertatur, vel quia pj'cesentes non sunt 
vel quia signa non valent distinguere. Hinc sicut in moribundo sensibus destituto 
potest prcesumi pcenitentia, ita pari omnino Jure prcesumitur pcenitentia manifes- 
tata in ordine ad se subjiciendum clavibus." — Franzelin, De Sacr. in genere. 
Komse, 1868, p. 39. 

34 S. Alph. Lib. VT. n. 482; Aertnys, 1. c. n. 196, Q. 3; Muller, 1. c. 
§ 166, XL 



ABSOLUTION OF THE DYING 649 

Other theologians thought to solve the difficulty more satis- 
factorily by the doctrine that the actus poenitentis were not mate- 
ria sacramentorum ex qua, but materia circa quam. But this, of 
itself, does not contribute anything to the solution of the diffi- 
culty. For even the theologians who, following the teaching of 
Scotus, consider the actus poenitentis as materia circa quam, 
demand an outward manifestation as an essential condition of the 
vahdity of the Sacrament. 

There may, however, be cases in which an anxia respiratio, 
gemitus, etc., is not perceived. Some other probable marks of 
sorrow and of accusation must then be sought. Lehmkuhl 
proposes the following : — 

A. As far as the interior sorrow is concerned, we can and 
must presume that it exists; we shall, at least, never have a 
certitude that it is wanting. Persons who seemed to be deprived 
of their senses, or really were so, and have afterwards recovered 
their use, have declared that in their anxiety they elicited sor- 
row for their sins, although they could not give outward expres- 
sion of it ; and there is no reason why this could not also be true 
even of those unfortunate ones who have laid violent hands on 
themselves, or who in the act of committing any other sin have 
lost consciousness. This sorrow must, of course, be awakened 
after the last mortal sin, and must extend to all mortal sins not 
yet remitted. We must assume that these conditions exist, or 
are not certainly wanting, especially as God never refuses suffi- 
cient grace to any one, and desires and wills, not the death of 
the sinner, but his conversion. 

B. We need not insist that the manifestation of sorrow should 
necessarily be the expression of that sorrow which is an essential 
disposition. It seems to be sufficient that the penitent indicates 
that he either has had the necessary sorrow, or will have it 
before the absolution, or wishes to have it. But this is implicite 
contained in the manifestation of a desire for absolution and, in 
reality, always coexists with it. This manifestation of the de- 



650 THE MINISTER OF THE SACRAMENT 

sire for absolution also contains, equivalently, the third element, 
a virtual accusation. We can, therefore, deal with the two 
requisites at the same time. 

C. The accusatio aliqualis, which is indispensable, is conveyed 
by the fact that the man gives outward evidence of his wish to 
be reconciled to God in the last moment by the services of the 
priest, for he thereby acknowledges to be a sinner, and that in 
view of the priestly functions which are to be exercised at the 
moment of his death. 

Moreover, by the fact that the man has lived as a Christian, 
he seems to indicate sufficiently his desire of being reconciled 
to God in the last hour of his life through the ministry of a 
priest. He thus, in truth, makes a general, public confession 
before the whole Church and all priests by whom he can be ab- 
solved. All the Sacraments which he has received, all the Chris- 
tian virtues which he has practiced, could be regarded as 
witnesses of his desire for absolution in the hour of death. Nor is 
a similar manifestation of this desire altogether wanting in those 
whose lives have been considerably below a Christian ideal, or 
who were deprived of consciousness in the act of siilning; for, 
by remaining in the Church, they show that they hoped and 
desired to be reconciled at the hour of death. But it might be 
objected : is not this desire interrupted and revoked by the mor- 
tal sin ? If this were the case, our action would, of course, be 
in vain; for, whilst absolution in such case would be valid for 
him who does not need it, because he has committed no mor- 
tal sin, yet for him w^ho does need it, it would have no validity. 
However, we may answer : The sorrow, in as far as it is a nec- 
essary disposition, is revoked and interrupted, but the man's 
declaration that he wishes to have contrition at this time and 
desires absolution, is not repealed. We admit that the case 
is hopeless, unless interior and true sorrow is present. The 
validity of the absolution remains, therefore, very doubtful. 
Nevertheless, that is not the point. That sorrow is ''perhaps" 



ABSOLUTION OF THE DYING 651 

present, we are justified in assuming, and it is, therefore, allowed 
to give absolution ; it may possibly impart to the man who has 
only imperfect sorrow sanctifying grace and eternal life. That 
the sorrow should coexist with the absolution is certainly not 
necessary.^^ 

IV. In accordance with our previous inference, a dying per- 
son, who, up to the moment of his coma, refused to receive the 
Sacraments and rejected the priest, may not be absolved, as it 
cannot be presumed that he had the will to receive absolution. 
To he able to absolve such a one we must discover some sign 
which we may construe as indicating (according to Lehmkuhl, 
n. 515) a change in his sentiments; for example, pressure of the 
hand, a look, sighing, etc. If there is any indication of the 
kind, however doubtful, conditional absolution may be given. 

V. A dying person who was deprived of his senses in actu pec- 
cati, for example, in adultery, a duel, drunkenness, can be ab- 
solved sub conditione, if he is a Catholic, and that on the same 
grounds as we have specified above (n. III). For of a Catholic 
it may be presumed that, in this utmost danger of eternal dam- 
nation, and under the influence of divine grace, w^hich never will 
be refused — he desires to secure his eternal salvation. 

A non-Catholic in this situation may not be absolved, even 
though he has given signs of sorrow, unless he has expressly 
asked for absolution; for it cannot be reasonably supposed 
that he has given these signs in ordine ad confessionem sacram, 
as he does not believe in it, and, on this account, the materia 
Sacramenti w^ould certainly be wanting. It may thus be main- 
tained that to scarcely any dying Catholic MUST absolution be 
refused, and that to all dying Catholics it MAY be given, at 
least sub conditione. 

We arrive at a different decision and must pursue another 
course with regard to a Catholic, who, being born and brought 

35 Lehmkuhl, 1. c. im. 512-515 ; Lacroix, Lib. YL P. 11. n. 1162 ; BaUerini, 
Op. Theol. Mor. 1. c. cp. 1, De ahsolutione morienfium, nn. 394-420. 



652 THE MINISTER OF THE SACRAMENT 

up in the Catholic rehgion, has apostatized and embraced 
heresy. 

VI. A heretic, who is deprived of his senses, but who, while 
he was in health, manifested an inclination towards the Catholic 
religion, may, in this decisive moment, be absolved sub condi- 
tione from censures and sins if he has already been baptized in 
his sect ; if doubt is entertained as to the validity of his Baptism, 
he must, previously, be baptized sub conditione. It may be 
presumed of such a one that he wishes to close his life in the 
community of the true Church of Christ. Indeed, as Lehmkuhl 
adds, one might also give conditional absolution to a baptized 
non-Catholic of whom it might be presumed, upon any probable 
ground, that he is in bona fide and would gladly accept the help 
of a priest if he knew it was necessary to him. 

In such a case it is, of course, more difficult to produce any- 
thing out of the past life which can, in any way, be construed 
as a confession, and a desire for absolution, because he has not 
explicite thought of absolution, unless we are to be content with 
the man's bona fides, " quani probabiliter adesse seu adfuisse, 
externe sit manijestatum.'' For, if to this bona fides, sorrow has 
been added, — and it is not certain that it has not been added, — 
it seems that there is, implicite, the manifested desire to partici- 
pate in those remedies which are necessary, and, therefore, in 
the absolution of the priest. ^^ If we have here, with Ballerini, 
Lehmkuhl, and Aertnys, proceeded to the utmost limits, and if 
the arguments in favor of this extreme liberality in the admin- 
istration of absolution are not always cogent, let us not be 
accused of laxity or of any want of reverence for the holy Sac- 
rament of Penance. Such liberality seems to have been fully 

86 Cf. Aertnys, 1. c. n. 196, Q. IV et V, Muller, 1. c. § 166, II. h and c, 
and his dissertation upon the sacramental absolution of the dying in the 
Linzer Theol-prakt. Quartalschrift, 1881, pp. 259-264; Kenrick, Theol. Mor. 
Tract. 18, n. 211; Konings, Theol. Mor. 11. n. 1371. Concerning dying 
non-Catholics who are still conscious, see § 73 (Conclusion). 



ABSOLUTION OF THE DYING 653 

intended by Him, ^'Who came to seek and to save that which 
was lost," and who wishes not the death but the hfe of the 
sinner, who opened the gates of paradise even to the thief on 
the cross, and who has placed the keys of heaven in our hands. 
We safeguard the sanctity of the holy Sacrament by adding the 
condition, and the Lord instituted His Sacraments for man ; " in 
extremis autem extrema tentanda sunt.'' 

We may repeatedly administer absolution to the dying when 
the conditions necessary for its validity are fulfilled. The fol- 
lowing rules are of service : — 

1. If the dying person gives to the priest who is present un- 
doubted signs of a contrite disposition, it is advisable to admin- 
ister absolution to him as often as he renews these signs." 

2. If the dying person is unconscious, one may administer 
conditional absolution to him two or three times, with an inter- 
val of about three or four hours. For, in order that a Sacrament 
may be administered conditionally, a causa gravis is necessary, 
which could not exist if the absolution were administered at 
shorter intervals and more frequently. If the state of uncon- 
sciousness should continue, and there is actual danger of death, 
absolution may be frequently repeated; for example, three or 
four times in a day.^^ This proceeding is justified by the en- 
deavor to give more certain and efficacious assistance to the 
dying person. 

Such efforts in behalf of the dying person demand great zeal, 
but, as Elbel rightly says,^^ they are very praiseworthy, and form 
part of our holy office. Our divine Redeemer deposited His 
graces in the hands of His priests; faithful to their calling they 
will, with the greatest zeal, dispense these graces to those who 
are worthy and in need of them. 

37 S. Alph. Lib. VI. n. 480. 

38 S. Alph. Lib. VI. n. 482; Prax. Conf. n. 276; H. Ap. n. 37; Aertnys, 
1. c. n. 196, Q. VI; Miiller, L c. § 168. 

39 De Sacram, Poenit. Conf, VIII. n, 219. Cf, S. Alph. Prax. Conf. n. 276, 



654 THE MINISTER OF THE SACRAMENT 

^' Fratres charissimi, munus quod in Ecclesia Dei geritis plane 
eximium est; enimvero tantam vobis Christus ad judicandas ani- 
mas auctoritatem elargiius est, vt sententice a vohis in terris juste 
prolatce, ratce habeantur in coelis. Ora vestra canales esse mysticos 
dico, per quos vera de ccelo pax in homines honce voluntatis descen- 
dit. Verba oris vestri tuhce sunt magni Jesu, quce muros iniqui- 
tatis seu mysticce Jericho evertuntJ' 

{Ex monitis S. Francisci Salesii Ep. et Fed. Doct. ad Con- 
fessarios.) 



TOPICAL INDEX 



Abortionists, excommunicated, 339. 
•'About" as a numerical qualifica- 
tion of sin, 163. 
Absence of penitent when absolu- 
tion is given (note), 57. 
of contrition, how known, 120. 
Absolution, form of, 50-53. 
from censures, 54. 
presence of penitent for, 55. 
in writing, 56. 
conditional, 59-69, 645. 
objections urged against condi- 
tional, 66-69. 
given at a distance, 58. 
by telephone (note), 59. 
from reserved sins, 340-350. 
direct and indirect, 345. 
of complex in peccato turpi, 354- 

363. 
of those who refuse to denounce 

a sollicitans, 375. 
postponement of, 529. 
to the dying, 645-654. 
repeated in cases of the dying, 653. 
Absolventes complicem in peccato 

turpi, 333. 
Abuse of the sacrament, 351. 
Apostates, excommunicated, 328. 
Apostolicce Sedis, bull on censures, 

326. 
Appeal to secular judge in eccle- 
siastical cases, 332. 
Appreciative sorrow for sin, 108. 
Approbation of confessors, 279-283. 
for hearing confessions of nuns, 
311. 



Articulus mortis, removes reserva- 
tion, 347. 
Attritio, 74, 88-98. 
Attritionists, teaching of, 96. 
Avarice, remedies of, 456. 

B 

Bad confessions, 391, 394. 
Banns, dispensation from, 604. 
Baptism, sins before, 39. 

sins after, doubtfully valid, 190. 

of converts, 558. 
Betrothals, 592. 
Blessing before confession, 53. 
Bona fide penitents, 443. 
Books, ex professo bad, 512. 

on the Index (note), 331. 

reading of good, 580. 



Careless examination of conscience, 
signs of, 220. 

Cases reserved, 316, 327. 

Casuistry, study of, necessary, 
432. 

Catholics, dying, as a rule to be 
absolved, 651. 

Censures, absolution from, 54. 
reserved, 326. 

Certain and doubtful matter for 
absolution, 40. 

Change of penance, 275. 

Child, age of, for receiving sacra- 
ments, 25. 

Children's confessions, how to be 
heard, 561. 

Choice of state of life, 583. 



655 



656 



TOPICAL INDEX 



Circumstances of sins to be con- 
fessed, 166-180. 
changing venial into mortal, 173. 
CircumstanticB aggravantes, 174. 

speciem mutantes, 175. 
Civil government pastors, 335. 

marriages, 607, 640. 
Clandestine marriages, impediment 

of, 607. 
Classification of sins (note), 158. 
Commerce, missionaries forbidden 

to engage in, 338. 
Communicatio in sacris, by clerics, 
338. 
mixed marriages, 600, 603. 
Communion, frequent, 453. 
Communion, frequent, for young 

unmarried people, 577. 
Commutation of penance, 274-276. 
Company-keeping of young people, 

592. 
Complete, sin to be reserved must 

be, 324. 
Completeness of confession, 158, 198. 
reasons excusing from, 200, 203. 
Complex absolvens, excommunicated, 

333. 
Complex in peccato turpi, absolu- 
tion of, 354. 
inquiring the name of, unlawful, 
351. 
Concealing sins, habit of, 391, 394. 
Concina, favors rigorous views 

(note), 65. 
Concubinage, 501. 
Conditio de prcesenti et de prceterito, 

62. 
Conditional absolution, 59-69. 
Conditions placed in mixed mar- 
riages, 601. 
Confessio ficta ex pravo fine, 367. 
Confession, annual, 24, 26. 
necessity of, 137. 
in writing, 151. 
of children, 561. 
of women, 608. 
Confessor, regular, 145-148. 



of religious, 308, 309. 

of nuns, 311. 
Confirmation, blots out venial sin, 

34. 
Conscience, examination of, 215. 

erroneous, 568. 
Constituent parts of penance, 37. 
Contracting marriage before Protes- 
tant minister, 603. 
Contrition, 19, 36. 

extent and efficacy of, 71. 

perfect and imperfect, 74, 88-98. 

qualities of, 98-111. 

motives of, 105. 

in children, 570. 
Converts, treatment of, 555. 

baptism of, 558. 

D 

Damnificator injustus, confessor as. 
464. 

Dancing, 506. 

Danger to life of confessor, 201. 

Dangerous intimacies, 514-518, 592. 

Deaf penitents, 202. 

Death, danger of, 65, 645. 

Debitum conjugale, questions con- 
cerning, 387, 599. 

Defenders of heretics, 329, 331. 

Deferring absolution, duty of, 407, 
411,413. 

Deficient jurisdiction, 300. 

Definite matter for absolution, 48. 

Deinde, in the form of absolution 
(note), 55. 

Delegated jurisdiction not to be 
presumed, 288-290. 

Denouncing the sollicitans, 372. 

Deprecatoria forma, not in use in 
Latin Church, 55. 

Desire of pleasing in women, 579. 

Despair, temptation to, in the dying, 
643. 

Different spiritual conditions, peni- 
tents in, 487. 

Diligentia moralis, required in exam- 
ining conscience, 215. 



TOPICAL INDEX 



657 



Direct and indirect absolution, 345. 

remission of sin, 41. 
Discretion in penitent, 145. 

in imposing penance, 270. 

in questioning the penitent, 383. 
Disparitas cultus, impediment of, 600. 
Disposition of penitents, 49, 398. 
Distance, absolution given at a, 58. 
Distracted confessor (note), 397. 
Doctoris munus in the sacrament, 

438. 
Dogmatic theology, knowledge of, 

428. 
Dolor intellectivus, not contrition, 72. 

in fieri et in facto esse, 112. 
Doubt of jurisdiction, 64. 

disposition, 49, 65, 402, 412. 
Doubtful matter for absolution, 40. 

sins to be confessed, 180. 
Duelhsts, 336. 

Duty of denouncing the confes- 
sarius sollicitans, 368-371. 

confessor to dispose penitent, 402, 
Dying penitents doubtfully dis- 
posed, 409. 

ministry of confessor to the, 630- 
632, 645. 

penitents, in the act of sin, 651. 



Effects of perfect contrition, 81. 

sins, evil, 161. 
Efficacious resolution, 131. 
Efficacy of contrition, 71. 
Efficax affectu, 131. 

executione, 131. 
Engaged people, how to treat, 592. 
Engagements of marriage, pastors 

not to meddle in (note), 591. 
Envy, remedies of, 457. 
Epikeia, 445. 

Error communis, about jurisdiction, 
302. 

privatus, about jurisdiction, 302. 
Errors committed by confessor, 460. 
Essential form of sacrament, 50. 
Eucharist removes venial sin, 33. 



Examination of conscience, 215-221, 
452. 
for children, 565. 
Excommunication by neglect of 
annual confession, 28. 
reserved to the Pope, 327. 
latce sententice, 335. 
reserved to the ordinary, 339. 
Excommunicationes non reservatce, 

339. 
Excusing, reasons, from complete 

confession, 198. 
Exempted from going to Rome in 

reserved cases, 346. 
Exhorting the penitent, duty of, 

438. 
Experience not a substitute for 

science, 432. 
Extraordinary confessors of nuns, 
313-315. 
jurisdiction, 300. 



Facultas ahsolvendi a censuris, 604. 
Faith (implicit) essential for con- 
trition, 73, 102. 
Faults peculiar to youth, 578. 
Fear as an element of attrition, 90. 

of relapse, 130. 
Fenians excommunicated, 336. 
Ficta confessio ex pravo fine, 367. 
Forbidden books, 512. 
Forgotten penance, 277. 

sins, 116, 195. 

reservation, 348. 
Form of sacrament, 50. 

essential, 50, 51. 

sufficient, 52. 
Formal heresy, 328. 
Freemasons excommunicated, 336. 
Free matter of confession, 45. 
Frequent confession, 28. 

communion, 453. 



General accusation, 44. 
confession, 228-236. 



658 



TOPICAL INDEX 



manner of hearing a, 238. 
plan for making a, 245-255. 
Good works blot out venial sin, 

36. 
Gousset, Cardinal, defends St. Al- 
phonsus, 68. 

H 

Habitual sinners, 518-520. 
Hearing words of absolution not 

essential, 56. 
Heretics excommunicated, 328. 
Hypocritical penitents, 543-545. 



Ignorance of reservation, 324 
Ignorant penitents, 185, 439, 441, 

447, 642. 
Impediment, occult, in marriage, 

597. 
Imperfect contrition, 88-98. 
Imposition of penance, 256. 
Impurity, remedies against, 457. 

habit of, in children, 572. 
Index of forbidden books (note), 331. 
Indications of true sorrow for sin, 

119. 
Indirect violation of the sigillum, 

477.. 
Indulgentiam in the form of absolu- 
tion, 53. 
Inquiring the name of accomplice, 

351. 
Insincere confessions, 394. 

of children, 567. 
Institution of penance, 22. 
Instruction of children, 25, 569. 

penitents, 438. 

those about to be married, 591. 
Integrity of confession, 153. 
Intemperance, remedy against, 457. 
Interdict, 340. 
Intimacies, dangerous, 514. 
Invalid confessions, 222. 

absolution in reserved cases, 348. 
Invincible ignorance, 442. 



Jansenist teaching about amend- 
ment, 128. 
Judge, the confessor as, 379. 
Judging of child's disposition, 574. 

of penitent's disposition, 398. 
Judicial power and process 20. 
Jurisdictio dubia, 303. 

in articulo mortis, 305. 
Jurisdiction of confessors, 279-283. 
delegated, 288. 

directly limited by reservation, 
325. 

K 
Knowledge of sins requisite for 
absolution, 226, 379. 
necessary, of the confessor, 424. 



Lcesio sigilli, danger of, 204, 466-476. 
Lex disciplinaris , reservation a, 325. 
Libri erotici, 512. 
Librorum Index, 331. 
Lies told in confession, 141, 143, 571. 
Long marriage-engagements, 594. 
Love, degrees of, in contrition, 76. 
of pleasure in youth, 578. 

M 

Malus effectus peccati, whether to be 

confessed, 162. 
Marriage, inst;:uction for, 600. 
secret, 502. 
vocation to, 590. 
mixed, 600. 

before Protestant minister, 603. 
Married people, confessions of young, 

599. 
Materia proxima, remota, ex qua, 

circa quam, 39, 40, 112. 
M atrimonium secretum, 502. 
Matrimony, destroys venial sin, 34. 

call to, 590. 
Matter of sacrament, 37, 40, 112, 

197. 
Medicinalis poena, reservation a, 325. 



TOPICAL INDEX 



659 



Members of religious orders as 

penitents, 307 
Men, confessions of, 614. 
Mildness in giving penances, 263. 
Minister of sacrament, 279, 378. 

Protestant, contracting marriage 
before, 603. 
Misereatur in absolution, 35. 
Mistakes of confessor, 421. 
Mixed marriages, 600, 602. 
MixtcB rdigionis, impediment, 603. 
Moral theology, study of, 427. 
Mortalia negative duhia, 184. 
Mothers, confessor's care of, 613. 
Motives of contrition, 103. 
Mulieres devotee, 422, 610. 

parturientes, 637. 
Munus doctoris, 438. 

N 
Name of accomplice not to be asked, 

351. 
Natural inclinations to be repressed, 

421. 
Necessary matter of penance, 40. 
qualities of contrition. 98-111. 
Nemo malus proBSumendus, 399. 
Notitia confusa of sins, 226. 
Number of sins to be expressed, 163, 

241, 390. 
Nuns, confessors of, 311, 618-623. 



Objections against conditional ab- 
solution, 66. 
Obligation to receive the sacrament, 
23. 
of annual confession, 24. 26. 
procuring perfect contrition, 81- 
88. 
Occasio proxima peccati, 488. 
remota, 488, 492. 
continua, 489. 
immediata, 491. 
voluntaria, 493, 639. 
interrupta, 495. 
necessaria, 496, 499, 639. 



Occasion of sin, duty of avoiding 

the, 487. 
"Odd Fellows" condemned, 336. 
Office, divine, as a source of scruples, 

554. 
Omission of sins to be confessed, 41. 
Omitted, sins, through forgetful- 

ness, 193. 
Order, vocation to a religious, 585. 
Orders, sacred, blot out venial sin, 
34. 
as a requisite for jurisdiction, 278. 
confessors of religious, 307. 
Ordinarius, includes vicar-general, 

339. 
Ordinary, excommunication reserved 
to, 339. 
jurisdiction, 284. 
confessor of nuns, 313. 



Papal reservations, 326. 
Parish priest can hear his subjects 
anywhere, 287. 

has ordinary jurisdiction, 285. 

as confessor, 213. 
" Passio Domini," prayer after ab- 
solution, 52. 
Pastors appointed by civil govern- 
ment, 335. 
Patience requisite in confessor, 423. 
Peccata externa reserved, only, 324. 
Peccator publicus, 504, 634. 
Penalties imposed on sollicitans, 377. 
Penance, virtue of, 17. 

act of the will, 19. 

sacrament, 20. 

imposition of, 256. 

public, 261. 
Penances repugnant to penitent 
to be avoided, 262. 

for venial sins, 266. 

commutation of, 274. 

object of the sigillum, 474. 
Penitents aiming at perfection, 

536-543. 
Percussores clericorum, 335. 



660 



TOPICAL INDEX 



Peregrini may be absolved, 296. 

Perfect contrition, 76. 
obligation of, 84. 

Periculum scandali, 205. 
Icesionis sigilli, 204. 

Persons prevented from going to 
Rome, 346. 

Physician, confessor as, 448. 

Pollution, the vice of, 531, 582. 

Pope has universal jurisdiction, 284. 

Postponement of absolution, 411, 
415, 529. 

Potestas jurisdictionis, 280. 
ordinis, 279. 

Practical knowledge required in 
confessor, 431. 

Precept of confession, 23. 

Predominant passion to be discov- 
ered, 450. 

Preparation for making confession, 
126. 
for hearing confession, 416. 

Presence, moral, of penitent, 55, 57, 
58. 

Preserving the seal of confession, 
466-470. 

Pride, remedy against, 456. 

Priesthood, signs of vocation to the, 
588. 

Priests, confessions of, 624-629. 

Profession of faith by converts, 558, 
560. 
at the hour of death, 560. 

Promises required in mixed mar- 
riages, 601. 

Properties of confession, 139. 

Propositum non peccandi, 121. 

Propria sacerdoti, meaning of, 28. 

Proxima materia, 39. 

Prudence of confessor, 434, 436. 

Public sinners, 504. 

Purpose of amendment, 126, 639. 

Pythias, Knights of, condemned, 336. 

Q 

Qualities of contrition, 98. 
Quasi-materia, 37. 



Questions not to be answered by 

penitent, 142. 
to be put to penitent, 214, 380, 

435. 
for general confession, 244, 248. 

R 

Raising the hand at Indulgentia 

(note), 53. 
Readers of heretical books, 330. 
Reading, bad, 511. 

of good books, 580. 
Reasons excusing from complete 

confession, 198. 
Receptores of heretics, excommuni- 
cated, 329. 
Recipient of penance, 70. 
Refusing absolution, 407. 
Regular confessor advisable for the 

young, 581. 
Regulars receive jurisdiction from 
the Pope, 292. 
may receive it conditionally from 

the ordinary, 295. 
require approbation from ordi- 
nary, 293. 
may be deprived of faculties by 

ordinary, 294. 
confessors of, 308. 
Relapsing sinners, 448-459, 521-536. 
Relation of contrition to the sacra- 
ment, 111. 
Religious order, vocation to a, 585. 
Remedies against' relapse, 448. 

scruples, 550. 
Remorse of conscience, not contri- 
tion, 72. 
Repeating confession, when neces- 
sary, 224. 
Reproving penitent, duty of, 451. 
Reservation in case of strangers, 320. 
ceases, when, 347. 
forgotten by confessor, 348. 
Reserved cases, 316. 

not to be multiplied unduly, 319. 
papal, 326. 
Retinentes libros hcereticos, 330. 



TOPICAL INDEX 



661 



Retractation of heresy in foro ex- 
terna, 329. 
Revealing the accomplice, 208. 
Rules for confessors, 465. 
scrupulous penitents, 552. 



Sacramental seal, 466-476. 
Sacramentals destroy sin, 35. 
Sanatio in radice, 443, 604, 
Satisfaction, 38. 

Schismatics, excommunicated, 332. 
Science of perfection, 428. 

required in confessor, 424. 
Scruples as object of the sigillum, 475. 

kinds of, 550. 

remedies against, 550. 
Scrupulosity, causes of, 547. 

marks of, 545. 
Scrupulous penitents, how to treat 

them, 545-552. 
Seal of confession, 466. 
Sensible contrition, 118. 
Servile fear, 91. 
Sick, confessor's ministry to the, 

630, 632-645. 
Sigillum sacramentale, 466. 
Signs of repentance, 20, 645. 

in the dying, 649. 

proper disposition, 400. 

vocation to priesthood, 588. 
Simulation of confession, 368. 
Sincerity in confession, 27. 
Sinful occasions, 487. 
Sins forgiven maybe again confessed, 

42. 
Sloth, remedies against the sin of, 

458. 
Small penances, 264. 
Sollicitatio proprii poeniientis, 364, 

368. 
Sorrow for sin, quality of, 72. 

supreme (appreciative), 108. 

test of, 119. 
Special care of relapsing sinners, 

5.30-536. 
Species infima, 159. 



State of life, choice of a, 583. 

Stealing relics, 337. 

habit of, in children, 571. 

Striking a cleric suadente diabolo, 335. 

Sufficient matter for absolution, 40. 

Supplet ecclesia, 300. 

Suppljdng deficient jurisdiction, 300. 

Suspension, 340. 

Suspensionis in the form of abso- 
lution, 52. 

T 

Teacher, the confessor as, 438-448. 

Telephone, absolution by (note), 59. 

Testifying to confession made, 483. 

Theaters, frequenting, 509. 

Tickets, certifying to confession 
made, 483. 

Timor mundanus, naturalis, servilis, 
filialis, mixtus seu initialis, 90. 

Timorous conscience, 186. 

Titulus coloratus, 300-302. 

Travelers on sea, who absolves, 299. 

Treatment of scrupulous penitents, 
545-555. 

Trial, penance a judicial, 21. 

Tribunal, difference between civil 
and sacramental, 21. 

Trusting statements of penitent, 395. 

U 

Unconscious penitents, at the hour 
of death, 646. 

Uncouth penitents, 447. 

Universality of purpose of amend- 
ment, 132. 
sorrow for sin, 106. 

Unmarried, confessions of young, 
people, 575. 

Urgent confessions, what to omit in, 
52. 

Usurpers of ecclesiastical rights, 333. 

Usus matrimonii, instruction re- 
garding the, 599. 



Vagrants (vagi) may be absolved 
anywhere, 299. 



662 



TOPICAL INDEX 



Vague accusations in confession, 44, 

48. 
Valid absolution requires pronounc- 
ing of words, 56. 
Venial sin, how forgiven, 29, 32. 

purpose of amendment in case of, 
183. 

penance for, 266. 
Vicars-general have jurisdiction, 285. 
Violation of the sigillum, 476. 
Virginity, state of, in the world, 589. 
Virtual contrition, 30. 
Virtues required in confessor, 416. 
Visits to the sick to be repeated, 642. 
Vitium pollutionis, 531, 582. 
Vocation, choice of a, 583. 

to the priesthood, signs of, 588. 
Vow of virginity, 589. 
Vows of nuns, 620. 



W 

Wedding, confessions immediately 

before, 596. 
Women, conduct of confessor toward, 

608. 
Words required for valid absolution, 

56. 
Worthy preparation for marriage, 

595. 
Writing, absolution by, invalid, 55. 
absolution by, from censures, 

valid (note), 57. 



Young men, love of pleasure in, 579. 
Young unmarried people, confessions 

of, 575. 
Youth, faults peculiar to, 578. 



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